48 CFR 903.303 - Reporting suspected antitrust violations.

Science.gov (United States)

2010-10-01

... as described in FAR 3.301, and antitrust law violations as described in FAR 3.303, evidenced in bids... antitrust violations. 903.303 Section 903.303 Federal Acquisition Regulations System DEPARTMENT OF ENERGY GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Reports of Suspected Antitrust...

38 CFR 1.902 - Antitrust, fraud, and tax and interagency claims.

Science.gov (United States)

2010-07-01

... of the antitrust laws or to any debt involving fraud, the presentation of a false claim, or... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Antitrust, fraud, and tax...

Essays in antitrust economics

NARCIS (Netherlands)

Verouden, V.C.H.M.

2001-01-01

Competition law - or antitrust law, as it is called in the United States - is a field of law to which economic concepts, such as "restriction of competition" and "anti-competitive effect", are of central importance. This thesis analyses a number of such concepts, both from an economic and a legal

PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT

Directory of Open Access Journals (Sweden)

Siti Anisah

2016-01-01

Full Text Available Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.

26 CFR 1.186-1 - Recoveries of damages for antitrust violations, etc.

Science.gov (United States)

2010-04-01

...) Injury suffered under certain antitrust law violations. An injury sustained in business, or to property, by reason of any conduct forbidden in the antitrust laws for which a civil action may be brought... 26 Internal Revenue 3 2010-04-01 2010-04-01 false Recoveries of damages for antitrust violations...

Accountable Care Organizations and Antitrust Enforcement: Promoting Competition and Innovation.

Science.gov (United States)

Feinstein, Deborah L; Kuhlmann, Patrick; Mucchetti, Peter J

2015-08-01

The antitrust laws stand to protect consumers of health care services from conduct that would raise prices, lower quality, and decrease innovation by lessening competition. Importantly, though, vigorous antitrust enforcement does not impede accountable care organizations (ACOs) and similar collaborations that advance these same goals of better and more efficient care; in fact, by fostering competitive markets, the antitrust laws encourage such initiatives. This article summarizes the legal framework that the federal antitrust agencies - the Federal Trade Commission and the Antitrust Division of the US Department of Justice - use to analyze ACOs and other collaborations among health care providers. It outlines the guidance provided by the federal antitrust agencies concerning when ACOs and other provider collaborations likely would harm competition and consumers. In addition, it reviews common antitrust issues that can arise with ACOs and provides examples of enforcement actions that have prevented health care providers from taking or continuing anticompetitive actions. Copyright © 2015 by Duke University Press.

Bundled Discounts and the Antitrust Modernization Commission

OpenAIRE

Aaron Panner

2007-01-01

The Report of the Antitrust Modernization Commission devotes relatively little space to antitrust common law – the judge-made doctrine that governs unreasonable restraints of trade under Section 1 and monopolization under Section 2 of the Sherman Act.

Stricter antitrust legislation?; Verschaerfung des Kartellrechts?

Energy Technology Data Exchange (ETDEWEB)

Heller, W.

2007-01-15

In November 2006, the German Federal Ministry of Economics sent a ministerial draft bill on combating price abuses in the energy supply and food trade sectors to the trade associations for comment. The bill must be seen as part of a set of measures of the federal government seeking to improve conditions for more competition in the energy sector. An omnibus law is to add a new Section 29 to the Act against Restrictions on Competition (Antitrust Act). The addition is to bear the heading of 'Power Economy' and has been designed to prevent a utility (vendor of electricity, gas, and district heat) from abusing its position on a market which it dominates either alone or together with other utility companies. Depending on the interests involved, comments on the draft bills differ. On the whole, this tightening up of antitrust legislation is preceived more as a repair job. Stricter antitrust provisions absolutely must also be seen in their European dimension. European firms not falling under this stricter antitrust law enjoy advantages over German firms. (orig.)

Impact of the antitrust laws on the commercialization of solar heating and cooling

Energy Technology Data Exchange (ETDEWEB)

Gross, J.

1979-06-01

Many energy industry observers and solar equipment producers view the commercialization of solar technologies as an opportunity to undermine the dominance now enjoyed by energy companies and electric utilities. Whether their hopes will be realized depends on Congress' posture towards interenergy diversification (which is currently permissive), DOE's spending practices (which have, in the past, been relatively insensitive to competitive consequences), and ultimately, the Supreme Court's willingness to aggressively enforce the antitrust laws (which is not unlikely, given recent holdings). Notwithstanding the legislative and administrative branches' tacit compliance with entrenched firms' involvement in the various solar energy submarkets, injured business persons and consumers (as well as the Department of Justice and the Federal Trade Commission) have the opportunity to force the controversy onto the judiciary by bringing suit under the antitrust laws against companies allegedly displaying anti-competitive market practices. The interchangeability between end uses of renewable and nonrenewable energy resources creates opportunities and motives for market manipulation. Consequently, the potential of energy firms for facilitating solar technology development (due to technological knowledge, managerial expertise and capital resources) must be weighed against the possibility that their involvement will, in the long run, retard development. 356 references.

31 CFR 900.3 - Antitrust, fraud, and tax and interagency claims excluded.

Science.gov (United States)

2010-07-01

... activity do not apply to any debt based in whole or in part on conduct in violation of the antitrust laws... in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Antitrust, fraud, and tax and...

Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

International Nuclear Information System (INIS)

Baur, J.F.

1994-01-01

The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

28 CFR 16.88 - Exemption of Antitrust Division Systems-limited access.

Science.gov (United States)

2010-07-01

... investigation. Disclosure of the accounting would therefore present a serious impediment to antitrust law... of accounting would therefore present a serious impediment to antitrust law enforcement efforts. (2... accounting of disclosures made under subsection (b) of the Act would permit the subject of an investigation...

10 CFR 1015.103 - Antitrust, fraud, tax, interagency, transportation account audit, acquisition contract, and...

Science.gov (United States)

2010-01-01

... part on conduct in violation of the antitrust laws or to any debt involving fraud, the presentation of... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 10 Energy 4 2010-01-01 2010-01-01 false Antitrust, fraud, tax, interagency, transportation account...

Recent developments in national antitrust practice and case law: January 2012 – May 2013

Directory of Open Access Journals (Sweden)

Mario Siragusa

2014-03-01

Full Text Available In the period under review, the Italian Competition Authority and administrative courts analyzed many important cases in different economic sectors. Some of the these cases raised extremely complex legal and economic issues. The analysis of decision practice and case law highlights some critical aspects of recent antitrust enforcement, namely: (i the need to strengthen the fight against cartels; (ii the need to refine the tools used in merger analysis, also through the use of modern econometric methods; (iii the need to enhance the role of economic analysis in the assessment of unilateral exclusionary conduct, in line with the Commission’s Guidance on Article 102 TFEU; and (iv the need to find a better balance between competition rules and sector-specific regulation, so as to avoid overlapping and inconsistencies. A further critical issue is the need to reinforce the protection of the rights of defense. In order to improve the current administrative enforcement system, it is necessary to enhance the procedural guarantees and to remove the limits on judicial review of antitrust decisions, thus enabling administrative courts to review fully, in fact and in law, any aspect of the ICA’s finding of infringement, and to pronounce also on the merits of the case.

Credit Suisse , Regulatory Immunity, and the Shrinking Scope of Antitrust

OpenAIRE

Keith Sharfman

2007-01-01

Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further.

Antitrust concerns in the modern public utility environment

International Nuclear Information System (INIS)

Meeks, J.E.

1996-04-01

Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society's primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy

Antitrust concerns in the modern public utility environment

Energy Technology Data Exchange (ETDEWEB)

Meeks, J.E. [Ohio State Univ., Columbus, OH (United States). Coll. of Law

1996-04-01

Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society`s primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy.

41 CFR 105-55.003 - Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded.

Science.gov (United States)

2010-07-01

... apply to any debt based in whole or in part on conduct in violation of the antitrust laws or to any debt... antitrust laws or any claim involving fraud, the presentation of a false claim, or misrepresentation on the... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust, fraud, tax...

Analysis of antitrust activity in the coal industry: 1964-1974

Energy Technology Data Exchange (ETDEWEB)

Hinson, W.R.

1975-01-01

Antitrust activity in the coal industry from 1964 to 1974 is studied for two major areas: 1) acquisitions and mergers, which involve the structure of the industry; and 2) price fixing, bid rigging, and customer allocations, which deal with the behavior of the industry. The government is criticized for the lack of antitrust activity during this time period. Offences of the antitrust laws by suppliers of fuel could have a chain-reaction effect on all commodity prices, because artificially high fuel prices could force other industries to increase their prices. Several recommendations are made: 1) a special section in both the Justice Department and the Federal Trade Commission should be established to handle violations of the antitrust laws occurring in the ''energy market''; 2) nolo contendere pleas and other forms of a consent settlement should be denied as an option for any energy concern accused of transgressing the antitrust laws; 3) all known coal reserves in the U.S. should be rationalized and placed under the supervision of the Federal Energy Administration; 4) a National reporting system for the ownership of coal reserves should be established; and 5) public regulatory commissions should be encouraged to order electric utilities to file private suits when anti-competitive conduct is suspected by coal suppliers. (26 references) (BYB)

The Intersection of Advertising and Antitrust in New Zealand

OpenAIRE

Andrew Matthews; Gus Stewart

2014-01-01

The enforcement fusion of (some) advertising and antitrust law, coupled with other advertising law, provide a powerful toolkit for New Zealand’s regulator and competitors alike. Andrew Matthews & Gus Stewart (Matthews Law)

Incorporating health care quality into health antitrust law

Science.gov (United States)

2008-01-01

Background Antitrust authorities treat price as a proxy for hospital quality since health care quality is difficult to observe. As the ability to measure quality improved, more research became necessary to investigate the relationship between hospital market power and patient outcomes. This paper examines the impact of hospital competition on the quality of care as measured by the risk-adjusted mortality rates with the hospital as the unit of analysis. The study separately examines the effect of competition on non-profit hospitals. Methods We use California Office of Statewide Health Planning and Development (OSHPD) data from 1997 through 2002. Empirical model is a cross-sectional study of 373 hospitals. Regression analysis is used to estimate the relationship between Coronary Artery Bypass Graft (CABG) risk-adjusted mortality rates and hospital competition. Results Regression results show lower risk-adjusted mortality rates in the presence of a more competitive environment. This result holds for all alternative hospital market definitions. Non-profit hospitals do not have better patient outcomes than investor-owned hospitals. However, they tend to provide better quality in less competitive environments. CABG volume did not have a significant effect on patient outcomes. Conclusion Quality should be incorporated into the antitrust analysis. When mergers lead to higher prices and lower quality, thus lower social welfare, the antitrust challenge of hospital mergers is warranted. The impact of lower hospital competition on quality of care delivered by non-profit hospitals is ambiguous. PMID:18430219

Incorporating health care quality into health antitrust law

Directory of Open Access Journals (Sweden)

Schneider Helen

2008-04-01

Full Text Available Abstract Background Antitrust authorities treat price as a proxy for hospital quality since health care quality is difficult to observe. As the ability to measure quality improved, more research became necessary to investigate the relationship between hospital market power and patient outcomes. This paper examines the impact of hospital competition on the quality of care as measured by the risk-adjusted mortality rates with the hospital as the unit of analysis. The study separately examines the effect of competition on non-profit hospitals. Methods We use California Office of Statewide Health Planning and Development (OSHPD data from 1997 through 2002. Empirical model is a cross-sectional study of 373 hospitals. Regression analysis is used to estimate the relationship between Coronary Artery Bypass Graft (CABG risk-adjusted mortality rates and hospital competition. Results Regression results show lower risk-adjusted mortality rates in the presence of a more competitive environment. This result holds for all alternative hospital market definitions. Non-profit hospitals do not have better patient outcomes than investor-owned hospitals. However, they tend to provide better quality in less competitive environments. CABG volume did not have a significant effect on patient outcomes. Conclusion Quality should be incorporated into the antitrust analysis. When mergers lead to higher prices and lower quality, thus lower social welfare, the antitrust challenge of hospital mergers is warranted. The impact of lower hospital competition on quality of care delivered by non-profit hospitals is ambiguous.

Lectures on Antitrust Economics, Chapter 2: Price Fixing

OpenAIRE

Whinston, Michael D.

2003-01-01

In this chapter, we begin our discussion of antitrust economics by considering what many consider its most central element: its ban on "price fixing" - that is, agreements among competitors over the prices they will charge or the outputs they will produce. Indeed, the prohibition on price fixing is one area of antitrust law that even those generally skeptical of governmental compe- tition policy typically regard approvingly. Nevertheless, despite its current uncontroversial status, we shall s...

48 CFR 245.7310-8 - Antitrust clearance.

Science.gov (United States)

2010-10-01

..., DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT GOVERNMENT PROPERTY Sale of Surplus Contractor Inventory 245.7310-8... acceptance of its bid. Award shall be made only upon advice from the Department of Justice that the proposed sale would not create or maintain a situation inconsistent with the antitrust laws. ...

An analysis of physician antitrust exemption legislation: adjusting the balance of power.

Science.gov (United States)

Hellinger, F J; Young, G J

2001-07-04

Current antitrust law restricts physicians from joining together to collectively negotiate. However, such activities may be approved by state laws under the so-called state action immunity doctrine and by federal legislation under an explicit antitrust exemption. In 1999, Texas became the first state to pass physician antitrust exemption legislation allowing physicians, under certain defined circumstances, to collectively negotiate fees with health plans. Last year, similar legislation was introduced in the US Congress, in 18 state legislatures, and in the District of Columbia. This legislation was passed only in the District of Columbia where its implementation was blocked by the city's financial control board. Nonetheless, legislation permitting physicians to collectively negotiate fees with managed care plans has been introduced in 10 state legislatures this year, and there is continued interest in introducing similar legislation in the US Congress. This analysis examines the basic features of this legislation and its potential impact on the balance of power between physicians and managed care plans.

The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

The U.S. Nuclear Regulatory Commission's antitrust review of nuclear power plants: the conditioning of licenses

International Nuclear Information System (INIS)

Penn, D.W.; Delaney, J.B.; Honeycutt, T.C.

1976-04-01

The 1970 amendments to Section 105 of the Atomic Energy Act require the Nuclear Regulatory Commission to conduct a prelicensing antitrust review of applications for licenses to construct and operate nuclear power plants. The Commission must make a finding as to whether the granting of a license 'would create or maintain a situation inconsistent with the antitrust laws,' and it has the authority to issue or continue a license, to refuse to issue a license, to rescind or amend a license, and to issue a license with conditions that it deems appropriate. This report provides information about the antitrust license conditions that have resulted from the NRC's antitrust review process. The process itself is described and a catalog of the applications requiring antitrust license conditions is presented. For each application, the license conditions are put into the general categories of unit access, transmission services, coordination, and contractual provisions. For completeness, the report also catalogs applications requiring no antitrust license conditions, and lists applications that were exempted from the 1970 amendments, are the subject of litigation, or have been withdrawn

Sharing, samples, and generics: an antitrust framework.

Science.gov (United States)

Carrier, Michael A

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies ("REMS"). Pursuant to legislation enacted in 2007, the FDA requires REMS when a drug's risks (such as death or injury) outweigh its rewards. Brands have used this regime, intended to bring drugs to the market, to block generic competition. Regulations such as the federal Hatch-Waxman Act and state substitution laws foster widespread generic competition. But these regimes can only be effectuated through generic entry. And that entry can take place only if a generic can use a brand's sample to show that its product is equivalent. More than 100 generic firms have complained that they have not been able to access needed samples. One study of 40 drugs subject to restricted access programs found that generics' inability to enter cost more than $5 billion a year. Brand firms have contended that antitrust law does not compel them to deal with their competitors and have highlighted concerns related to safety and product liability in justifying their refusals. This Article rebuts these claims. It highlights the importance of samples in the regulatory regime and the FDA's inability to address the issue. It shows how a sharing requirement in this setting is consistent with Supreme Court caselaw. And it demonstrates that the brands' behavior fails the defendant-friendly "no economic sense" test because the conduct literally makes no sense other than by harming generics. Brands' denial of samples offers a textbook case of monopolization. In the universe of pharmaceutical antitrust behavior, other conduct--such as "pay for delay" settlements between brands and generics and "product hopping" from one drug to a slightly modified

European antitrust policy 1957-2004: an analysis of Commission decisions

NARCIS (Netherlands)

Carree, M.; Günster, A.; Schinkel, M.P.

2010-01-01

This paper provides a survey of European antitrust law enforcement since its foundation in the Treaty of Rome of 1957 up to and including 2004. We present a complete overview and statistical analysis of all 538 formal Commission decisions under Articles 81, 82, and 86 of the European Community

Why (and How) Fairness Matters at the IP/Antitrust Interface

OpenAIRE

Farber, Daniel A.; McDonnell, Brett

2003-01-01

This Article questions the widespread scholarly view that maximizing economic efficiency should be the sole goal of the intellectual property and antitrust laws. We propose that the law should also encourage a fair division of the economic surplus, at least by considering it as a tiebreaker when the dictates of economic efficiency are ambiguous or controversial. We begin by surveying some challenges that have been made to the theoretical underpinnings of exclusive reliance on economi...

European antitrust policy 1957-2004: An analysis of Commission decisions

NARCIS (Netherlands)

Carree, M.; Günster, A.; Schinkel, M.P.

2008-01-01

This paper provides a survey of European antitrust law enforcement since its foundation in the Treaty of Rome of 1957. We present a complete overview and statistical analysis of all 538 formal Commission decisions adopted up to 2004 under Articles 81, 82 and 86 of the European Community Treaty. We

Antitrust implications of utility participation in the market for remote photovoltaic systems

International Nuclear Information System (INIS)

Starrs, T.J.

1994-01-01

Remote photovoltaic systems are an important niche market in the development of a viable photovoltaics industry. Electric utilities in the US have started offering remote photovoltaic service. Utilities have the potential to use their monopoly power in regulated markets to unfair competitive advantage in competitive markets. Therefore, utility participation in remote photovoltaic markets raises potentially significant issues of antitrust law and policy. This paper describes some of the legal and factual criteria that US courts and regulatory agencies are likely to use in assessing the antitrust implications of utility participation in the market for remote photovoltaic systems

NRC antitrust licensing actions, 1978--1996

International Nuclear Information System (INIS)

Mayer, S.J.; Simpson, J.J.

1997-09-01

NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC's competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC's antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission's Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission's antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC's antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs

Analysis of antitrust activity in the coal industry: 1964--1974

Energy Technology Data Exchange (ETDEWEB)

Hinson, W.R.

1974-01-01

During this period antitrust activity by the government in the coal industry was of a token nature and did not prevent (1) large investments in coal and uranium by large oil companies, nor (2) concentration with industry by large companies buying out small companies. A major result was the buying up of coal reserves, which were thus unavailable to small companies and hindered them from competing. Neither the government nor public utility companies did much to deter these developments and the results of the few court suits that were brought were not effective in discouraging the process. In fact, the widespread acceptance of nolo contendere pleas by the judicial system could make it profitable for a coal company to violate the antitrust laws. Several recommendations are made: (1) for more vigorous antitrust activity (with nonacceptance of nolo contendere pleas); (2) nationalisation of coal reserves (with bidding for reserves to be mined by competing companies); (3) a reporting system for ownership of coal reserves; and (4) encouragement of electric utilities to file private suit when anticompetitive behavior is suspected. (LTN)

Antitrust review of nuclear power plants. Recent developments

International Nuclear Information System (INIS)

Delaney, J.B.; Honeycutt, T.C.; Messier, M.

1978-04-01

This report updates and augments an earlier report that cataloged antitrust license conditions resulting from the Nuclear Regulatory Commission's (NRC's) antitrust review process mandated by the 1970 antitrust amendments from December 1970 to April 1976. An overview of the NRC's antitrust review process relevant to applications for construction permits and operating licenses is presented. Information on the antitrust reviews completed from May 1976 to February 1978 is also given. This information includes the identity of applicants, utility system and unit sizes, the geographic location of the applicant, and a summary of any antitrust license conditions

NRC antitrust licensing actions, 1978--1996

Energy Technology Data Exchange (ETDEWEB)

Mayer, S.J.; Simpson, J.J.

1997-09-01

NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC`s competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC`s antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission`s Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission`s antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC`s antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs.

Conference report. Deregulation by way of antitrust legislation; 22nd symposium on energy law in Cologne on November 4, 1993. Tagungsbericht. Deregulierung durch Kartellrecht; 22. Energiewirtschaftsrechtliche Tagung am 4. 11. 93 in Koeln

Energy Technology Data Exchange (ETDEWEB)

Anon,

1994-01-01

''Deregulation and regulation by way of national and EC antitrust legislation - The evolution of the law on competition and its effects on the German power supply sector'' was the topic of the 22nd annual meeting of the Institute for Energy Law of Cologne University. The meeting on November 4, 1993 gathered about 350 energy experts in Cologne. (orig.)

76 FR 21894 - Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations...

Science.gov (United States)

2011-04-19

... contractual clauses or provisions 2. Tying sales (either explicitly or implicitly through pricing policies) of... Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings... (the ``Agencies'') are proposing an enforcement policy regarding the application of the antitrust laws...

Third-party access zu district-heating grids. Considerations to the range of paragraph 19 sect. 4 no. 4 GWB and to the relation of antitrust law and energy law; Drittzugang zu Fernwaermenetzen. Ueberlegungen zur Reichweite des paragraph 19 Abs. 4 Nr. 4 GWB und zum Verhaeltnis von Kartell- und Energierecht

Energy Technology Data Exchange (ETDEWEB)

Koerber, Torsten

2011-07-01

The establishment of a sector-specific network access regulation significantly contributes to the development of vigorous competition in telecommunications services. Even in the sectors of electricity and natural gas hopes are placed on a regulation. Recognising this, in early 2010, a contract for a legal opinion concluded on behalf of the Energieeffizienzverband fuer Waerme, Kaelte und KWK e.V. (Frankfurt/Main, Federal Republic of Germany). This legal opinion should examine the following questions: (1) To what extent can the effect of the substitution ban also be used for the enforcement of access requirements?; (2) Is the heat supply system a key organization in line with paragraph 19 Sect. 4 No 4 GWB (GWB = Restriction of Competition)? (3) May the network access be denied on economic grounds in the way of objective justification? (4) How far may in particular environmental and beyond considerations of economic standing aspects be used? Based on these particular issues, especially, grid access requirements are traced. The author of the contribution under consideration investigates the following issues: (a) To what extent can claims on supply with or acceptance of district heating be derived from anti-trust standards?; (b) What are the impacts of the specialties of district heating on the application of the antitrust law? (d) To what extent does the antitrust law interact with the regulations of energy law and its objectives?.

Addressing Pricing Power in Integrated Delivery: The Limits of Antitrust.

Science.gov (United States)

Berenson, Robert

2015-08-01

Prices are the major driver of why the United States spends so much more on health care than other countries do. The pricing power that hospitals have garnered recently has resulted from consolidated delivery systems and concentrated markets, leading to enhanced negotiating leverage. But consolidation may be the wrong frame for viewing the problem of high and highly variable prices; many "must-have" hospitals achieve their pricing power from sources other than consolidation, for example, reputation. Further, the frame of consolidation leads to unrealistic expectations for what antitrust's role in addressing pricing power should be, especially because in the wake of two periods of merger "manias" and "frenzies" many markets already lack effective competition. It is particularly challenging for antitrust to address extant monopolies lawfully attained. New payment and delivery models being pioneered in Medicare, especially those built around accountable care organizations (ACOs), offer an opportunity to reduce pricing power, but only if they are implemented with a clear eye on the impact on prices in commercial insurance markets. This article proposes approaches that public and private payers should consider to complement the role of antitrust to assure that ACOs will actually help control costs in commercial markets as well as in Medicare and Medicaid. Copyright © 2015 by Duke University Press.

Need-Based Educational Aid Act of 2015 (Public Law 114-44)

Science.gov (United States)

US Congress, 2015

2015-01-01

The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

15 CFR 1160.24 - Antitrust considerations.

Science.gov (United States)

2010-01-01

... Partnership Initiative § 1160.24 Antitrust considerations. (a) The Department of Commerce will offer no opinion on the antitrust merits of the formation of any proposed Strategic Partnership. The Department may..., conduct workshops to discuss the formation of such partnerships in general. Commerce will not select the...

The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

Science.gov (United States)

Wright, Danaya

1995-01-01

A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

Mergers, Strategic Investments and Antitrust Policy

OpenAIRE

Deneffe, Daniel; Wakker, Peter

1996-01-01

textabstractEstablished firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can induce established firms that would otherwise not have entered to enter via conglomerate merger. The vigor of antitrust enforcement toward horizontal mergers also affects the conglomerate acquisiti...

45 CFR 30.3 - Antitrust, fraud, exception in the account of an accountable official, and interagency claims...

Science.gov (United States)

2010-10-01

... of antitrust laws, or to any debt involving fraud, presentation of a false claim, or... violation or fraud, a false claim, misrepresentation, or other criminal activity or misconduct, the Secretary shall refer the debt to the Office of the Inspector General for review. (3) Upon the determination...

International Antitrust and the WTO: The Lesson from Intellectual Property

OpenAIRE

Guzman, Andrew T.

2000-01-01

International antitrust issues have become important in current debates regarding international trade and international regulation. This Article addresses one of the central questions about international antitrust – the appropriate forum for negotiations. The Article argues that the combination of domestic antitrust policy and international trade makes a substantive multilateral agreement unlikely unless transfers are made from states that gain from such a deal to those that lose. The Artic...

Recent Trends in Antitrust Enforcement

Directory of Open Access Journals (Sweden)

Mario Siragusa

2015-10-01

Full Text Available This article intends to discuss a selection of the most relevant features of the most recent trends in antitrust enforcement. Firstly, anticompetitive signalling will be addressed: its assessment depends on the kind of information provided. Where such information is of public knowledge or is very well known by the market participants, signalling should not be deemed as anticompetitive. Secondly, the Power Cable case has raised for the first time various problematic issues, such as the possibility to impose parental liability on a purely financial investor, even where the presumed direct infringer would have been able to pay the fine. This appears to be irreconcilable with the objectives for which the case law on parental liability has been elaborated. Thirdly, as to the concept of restriction of competition by object, it is argued that the Intel case does not disavow the principles established in Cartes Bancaires. Indeed, the finding of a violation and the different methodology applied in the first case are only due to its specific factual circumstances. Finally, the nouvelle vague of the case law on the anticompetitive abuse of rights has led to two opposite approaches, one at the EU and the other at the Italian level. The first one, based on the finding of objective circumstances, is perfectly consistent with existing EU case law, while the second, exclusively focused on the exclusionary intent, seems to be in sharp contrast with it. The hope is that the Court of Justice will intervene to resolve this contradiction.

The Middle Way on Applying Antitrust to Information Technology

OpenAIRE

David Evans

2009-01-01

Antitrust analysis ought to account for special features of ITâ۠just like it ought to account for special features of any industry under consideration. But there’s no particular reason to focus additional antitrust resources on this sector.

Parallel Federal/State Antitrust Investigations

OpenAIRE

Stephen Houck

2012-01-01

Those matters in which both federal and state antitrust authorities do take an interest usually have significant impacts across state lines and even international borders. Stephen D. Houck (Menaker & Herrmann LLP)

A new dimension to EU pharma antitrust product hopping and unilateral pay for delay

OpenAIRE

Gallasch, Sven

2016-01-01

Pay for delay settlements are currently high on the competition law enforcement agenda. The focus in these investigations is on the collusive nature of the agreements between a brand company and generic companies. However, this article moves the discussion away from the commonly recognized collusive anticompetitive potential, advocating for the expansion of antitrust scrutiny of pay for delay settlements to unilateral conduct. Pay for delay settlements could be used as a “facilitator” for a b...

Standard review plan on antitrust reviews. Final report

International Nuclear Information System (INIS)

Lambe, W.M.; Davis, M.J.

1997-12-01

This standard review plan describes the procedures used by NRC staff to implement the antitrust review and enforcement provisions in Sections 105 and 186 of the Atomic Energy Act of 1954, as amended (the Act), and replaces NUREG-0970. These procedures are principally derived from the Commission's Rules and Regulations in 10 CFR Sections 2.101, 2.102, Part 2-Appendix A, Section X, 50.33a, 50.80, 50.90, and 52.77. These procedures set forth the steps and criteria the staff uses in antitrust reviews of construction permit applications, operating license applications, combined construction permit/operating license applications, combined construction permit/operating license applications, and applications for approval of the transfer of construction permits, operating licenses, and combined licenses. In addition, the procedures describe how the staff enforces compliance with antitrust conditions appended to licenses

Antitrust Enforcement and Marginal Deterrence

NARCIS (Netherlands)

Houba, H.E.D.; Motchenkova, E.; Wen, Q.

2011-01-01

Abstract: We study antitrust enforcement in which the fine must obey four legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these legal principles into an infinitely-repeated oligopoly model. Bankruptcy considerations

Power Markets Shaped by Antitrust

NARCIS (Netherlands)

Sadowska, M.; Willems, Bert

2012-01-01

Abstract: In November 2011 Sweden abolished the uniform national electricity price and introduced separate price zones. This was the result of an antitrust settlement between the Commission and the Swedish network operator, which was accused of discriminating between domestic and export electricity

Optimal enforcement of competition law

NARCIS (Netherlands)

Motchenkova, E.

2005-01-01

Despite the recent theoretical developments in the field of antitrust law enforcement, much still needs to be done in order to prevent collusion and price-fixing in the major indiustries. Although penalties were recently increased considerably and new instruments of cartel deterrence such as

Health Care Efficiencies: Consolidation and Alternative Models vs. Health Care and Antitrust Regulation - Irreconcilable Differences?

Science.gov (United States)

King, Michael W

2017-11-01

health care, rather than specifics for the delivery of health care. 4 With the U.S. expenditures on health care producing inferior results, experts see consolidation and alternatives to fee-for-service as fundamental to reducing costs. 5 Integrating care coordination and delivery and increasing scale to drive efficiencies allows organizations to benefit from shared savings and relationships with payors and vendors. 6 Deloitte forecasts that, by 2024, the current health system landscape-which includes roughly 80 national health systems, 275 regional systems, 130 academic medical centers, and 1,300 small community systems-will morph into just over 900 multi-hospital systems. 7 Even though health care market and payment reforms encourage organizations to consolidate and integrate, innovators must proceed with extreme caution. Health care organizations attempting to drive efficiencies and bring down costs through mergers may run afoul of numerous federal and state laws and regulations. 8 Calls for updates or leniency in these laws are growing, including the possible recognition of an "Obamacare defense" to antitrust restrictions 9 and speculation that laws restricting physicians from having financial relationships will be repealed, ostensibly to allow sharing of the rewards reaped from coordinated care. 10 In the meantime, however, absent specific waivers or exemptions, all the usual rules and regulations apply, including antitrust constraints, 11 physician self-referral 12 and anti-kickback laws and regulations, 13 state fraud and abuse restrictions, 14 and more. In short, a maelstrom of conflicting political prescriptions, health care regulations, and antitrust restrictions undermine the ability of innovators to achieve efficiencies through joint ventures, transactions, innovative models, and other structures. This article first considers the conflicting positions taken by the United States government with respect to achieving efficiencies in health care under the ACA and

Nuclear Regulatory Commission's antitrust review process: an analysis of the impacts

International Nuclear Information System (INIS)

1981-06-01

The Nuclear Regulatory Commission's (NRC) antitrust process is reviewed and its impacts to small systems and applicant systems are studied. This process takes the form of a description of the NRC's antitrust review process as implemented, a generic categorization of potential impacts and individual case-by-case studies of four different utilities

THE RELEVANT TEMPORAL MARKET DEFINITION IN ANTITRUST ANALYSIS

Directory of Open Access Journals (Sweden)

Anzhelika Gerasymenko

2018-01-01

Full Text Available The purpose of the paper is to compare various theoretical approaches to the relevant temporal market definition, collecting the arguments for their implementation under the different kinds of antitrust cases. It is vital for the markets with peak demand (transport, electricity, markets of intergenerational products or discreet supply (agriculture. Methodology. The survey is based on the theoretical and graphical modelling of product space perception by consumers. It investigates changes of the latter under different marketing strategies of a seller. Statistical methods are used to analyse trends of demand and prices for iPhones’ changes, as well as dynamics of electricity consumption. Results. The paper reveals two facing approaches to the definition of relevant temporal market: 1 the discrete one that provides a short-run analysis of products’ substitutability and combines only those time periods that are characterized by a stable balance of demand and supply, as well as stable market equilibrium; 2 the coherent one that provides a long-run analysis of cyclical variation of the market. This cycling is based on the awareness of consumers and producers of intertemporal substitutability of products. The authors use the model of intertemporal competition to explain principles of these approaches and apply it to the iPhone market analysis. They conclude that the coherent approach must be applied to the temporal market definition for the products with elastic demand. Inelastic demand brings the necessity to apply the discrete approach to the temporal market definition. These conclusions cannot be applied to regulated markets. The system of government regulation is the main determinant of the temporal boundaries of such markets. Practical implications. The results of this research can be used by competition agencies in antitrust cases to define the relevant temporal market, where the violations of antitrust legislation can occur. The correct

Mergers, Strategic Investments and Antitrust Policy

NARCIS (Netherlands)

D. Deneffe (Daniel); P.P. Wakker (Peter)

1996-01-01

textabstractEstablished firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can

15 CFR 1160.4 - Antitrust considerations.

Science.gov (United States)

2010-01-01

... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Antitrust considerations. 1160.4 Section 1160.4 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Promotion of...

How Federal Antitrust Principles Would Impact the Insurance Ratemaking Function

OpenAIRE

Youssef I. Kouatly; Iskander S. Hamwi

1992-01-01

This study focuses on basic federal antitrust principles and their potential impact on property and liability insurance ratemaking. The authors believe that, in view of the growing debate around the issue of repeal or amendment of the McCarran Act, it has become necessary to focus more fully on the impact of such a potential change in the antitrust exemption accorded the business of insurance under the Act. In addition to ratemaking technicalities, state legislatures and regulators should be ...

RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

Directory of Open Access Journals (Sweden)

Virgilijus Valančius

2017-12-01

Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

Competition policy in patent cases and antitrust.

Science.gov (United States)

Sobel, Gerald

2003-01-01

The article that follows examines the competition policy reflected in the decisions of the Court of Appeals for the Federal Circuit in its patent cases. The court's views on this subject have been manifested most plainly in decisions that have transformed the law concerning infringement under the doctrine of equivalents and claim construction. In both categories, the court narrowed patent scope by reason of its desire to protect competitors. The article argues that the court's premise in prescribing narrower claim scope reflected an incomplete view of competition policy. The court's analysis overlooked the benefits to competition provided by patents, which stimulate inventions and their development. The article traces the development of antitrust jurisprudence and demonstrates how respect for the contribution of patents to competition and skepticism of free-riding has evolved, particularly beginning in the 1970s. The article draws a parallel between the Court's reasoning about competition policy, on the one hand, and the rejected views of Justices Hugo Black and William O. Douglas and abandoned patent-antitrust jurisprudence, on the other. The Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 234 F.3d 558 (Fed. Cir. 2000), on the subject of equivalents is considered in the paper. In that decision, the majority adopted a new rule that completely barred infringement under the doctrine of equivalents of any claim limitation where, in prosecution, there had been a narrowing amendment relating to patentability. In the past, prosecution estoppel foreclosing equivalents had been subject to a "flexible bar," which, in some circumstances, allowed for equivalence notwithstanding such an amendment. The article points out that because almost all patents are amended during prosecution, the effect would be to allow widespread copying of patented inventions by trivial modifications of any narrowed claim limitation. The incentive to innovate

Judicial Review of Antitrust Decisions: Q&A

Directory of Open Access Journals (Sweden)

Roberto Giovagnoli

2015-07-01

Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.

Alcuni recenti orientamenti interpretativi in tema di intersection fra PI e Antitrust

Directory of Open Access Journals (Sweden)

Gustavo Ghidini

2015-10-01

Full Text Available Recent decisions of the European Court of Justice (Astrazeneca and Italian Antitrust Authority (Pfizer suggest that even the mere acquisition – as distinguished from the exercise – of a patent (as any other IPR may amount to a misuse if the achievement thereof runs in contrast with the rules governing its entitlement; and, if the patent owner enjoys a dominant position, such patent misuse may translate into an abuse of said position under art. 102 TFEU. Cases of this type must be clearly distinguished from those where the patent has been legitimately/regularly obtained, and its holder exercises the ‘institutionally excluding’ related power against unauthorized third parties. In such cases, antitrust law comes in not to enforce a properly ‘abusive’ conduct, but to correct an objective market situation which has grown ‘excessively’ foreclosing competition – and this, thanks to the very success of the patent. A situation, and a legal solution, which bears a strong analogy of rationale with the one envisaged by art. 2597 of Italian civil code. Thus, that of ‘abuse’ is a general normative tool that is used both to adjudicate anti-competitive torts (as in the first case and to regulate an objective ‘close to monopoly’ situation occurred without any wrongdoing by the patent holder.The distinction is confirmed by the consequences. On one side, as in Astrazeneca and Pfizer, the patent holders are sanctioned (and their patent or CCP is subject to annulment; no compensation whatever of the patentee is thinkable. On the other side, in the case of the regular acquisition and intrinsically legitimate exercise of the IPR competition law imposes a duty to license it on FRAND terms: i.e., with compensation of the patent holder, fully retains his entitlement. Here, self-evidently, the patent holder has behaved lawfully -otherwise a compensation would be unthinkable! The ‘abuse’ may properly occur ex post, i.e. only if the holder

The European Commission Proposal for a Directive on Antitrust Damages: A First Assessment

NARCIS (Netherlands)

Cauffman, C.

2013-01-01

On 11 June 2013 the European Commission adopted a package of instruments to facilitate damages claims by victims of antitrust damages. The main element of the package is a proposal for a directive on antitrust damages. The aim of this article is to give an overview of the content of the proposed

ANTITRUST ISSUES IN THE LARGE-SCALE FOOD DISTRIBUTION SECTOR

Directory of Open Access Journals (Sweden)

Enrico Adriano Raffaelli

2014-12-01

Full Text Available In light of the slow modernization of the Italian large-scale food distribution sector, of the fragmentation at national level, of the significant roles of the cooperatives at local level and of the alliances between food retail chains, the ICA during the recent years has developed a strong interest in this sector.After having analyzed the peculiarities of the Italian large-scale food distribution sector, this article shows the recent approach taken by the ICA toward the main antitrust issues in this sector.In the analysis of such issues, mainly the contractual relations between the GDO retailers and their suppliers, the introduction of Article 62 of Law no. 27 dated 24th March 2012 is crucial, because, by facilitating and encouraging complaints by the interested parties, it should allow the developing of normal competitive dynamics within the food distribution sector, where companies should be free to enter the market using the tools at their disposal, without undue restrictions.

Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

Directory of Open Access Journals (Sweden)

Mario Todino

2014-07-01

Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

Law and Marketing: Implications for the Secondary Curriculum.

Science.gov (United States)

Beck-Dudley, Caryn L.; Stull, William A.

1990-01-01

Provides a basic understanding of some of the legal issues that should be included in a secondary education marketing curriculum. Teaching legal concepts in the areas of contract, antitrust, agency, employment law, and finance is an excellent way to introduce students to legal problems they may encounter in business. (Author)

Competitive bidding might create antitrust problems

International Nuclear Information System (INIS)

Smith, D.J.

1991-01-01

With the increased use and complexity of competitive bidding systems for new generating capacity there is the possibility that federal antitrust laws may be violated. Anyone violating Section 1 of the Sherman Act could face stiff penalties. Falling into this category of violations are agreements among competitors, price fixing, and elimination of competitors through the allocations of customers and/or territories. It does not have to be in writing for someone to be charged with bid rigging. In fact, it is stated that bid rigging is typically proved from the testimony of one of the persons involved. According to this paper, a charge of rigging the bids can come from: One or more bidders offering to provide power at a higher price than another bidder. Two or more bidders offering to supply power at the same price. One or more potential bidders not submitting a bid or intentionally bidding high. One bidder and not the others offering a more favorable construction schedule or an alternative proposal. One firm offering to renegotiate if its bid is rejected while the other bidders refuse. These are just some of the agreements that are illegal. The penalties for such violations of the Sherman Act are severe: fines of up to $100,000 and up to three years in jail for individuals; up to $1 million in fines for corporations

48 CFR 3.303 - Reporting suspected antitrust violations.

Science.gov (United States)

2010-10-01

... suspect. Paragraph (c) below identifies behavior patterns that are often associated with antitrust... offers; (2) A sudden change from competitive bidding to identical bidding; (3) Simultaneous price... turn in sequence as low bidder, or so that certain competitors bid low only on some sizes of contracts...

Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

Directory of Open Access Journals (Sweden)

Valentina Rucker

2014-01-01

Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

Directory of Open Access Journals (Sweden)

Valentina Rucker

2015-02-01

Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

Handbook on German-Russian energy law; Handbuch zum deutsch-russischen Energierecht

Energy Technology Data Exchange (ETDEWEB)

Saecker, Franz Juergen (ed.) [Freie Univ. Berlin (Germany)

2010-07-01

The handbook under consideration offers a comparative presentation of the energy law in Russia and in the Federal Republic of Germany and would like to promote an approach of the energy legal regulations of the two states and the European Union. The handbook covers the entire legal problems from the exploration over the production and transport from energy resources up to the processing and consumption. The handbook considers not only the energy economy law, the energy antitrust law, the energy contractual law and the energy environment law, but also refers to the atomic law and the mining law in the presentation of the energy right.

28 CFR 48.7 - Report of the Assistant Attorney General in Charge of the Antitrust Division.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Report of the Assistant Attorney General... (CONTINUED) NEWSPAPER PRESERVATION ACT § 48.7 Report of the Assistant Attorney General in Charge of the Antitrust Division. (a) The Assistant Attorney General in charge of the Antitrust Division shall, not later...

ANTITRUST REGULATION IN TERMS OF ENTERPRISE DEVELOPMENT CHLOR-ALKALI INDUSTRY

Directory of Open Access Journals (Sweden)

N. N. Grinyov

2014-01-01

Full Text Available The article reveals the problems of antitrust regulation activities of processing enterprises. The necessity of improving the activity of enforcement to prevent the emergence of monopolistic market structures chlor-alkali industry.

Sequential Versus Simultaneous Market Delineation: The Relevant Antitrust Market for Salmon

DEFF Research Database (Denmark)

Haldrup, Niels; Peter, Møllgaard

Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension will no...... and geographical markets. Using a unique data set for prices of Norwegian and Scottish salmon, we propose a methodology for simultaneous market delineation and we demonstrate that compared to a sequential approach conclusions will be reversed.......Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension...

United States, Europe and Poland Different Stages of Antitrust Tying War in the New Economy

Directory of Open Access Journals (Sweden)

Mariusz SWORA

2006-06-01

Full Text Available Microsoft’s case has led to heated debates, both in Europe and the United States of America, on the abuse of the dominant position and on the prohibition of tying. This discussion, both in Europe and the United States, is not finished. In this article the author presents legal implications of tying products in Europe and Poland and confronts them with the American approach to tying. In Poland, a country with a fast developing economy, with the growing level of foreign investments, discussion on monopolist practices under the conditions of a fast technological development1 has not really commenced yet. The problems of innovation and development of New Economy undertakings has gained new impetus following Poland’s accession to the European Union. It is a matter of time when the anti-trust law begins to show interest in them. There are some indications that this has already taken place. In the first part of this article the author briefly presents the discussion related to Microsoft III case in the United States insofar as it pertains to New Economy issues. The second and third parts address legal and political aspects of the Microsoft case in the European Union. In the fourth part legal aspects related to tying practices in Poland are presented. The article aims to show that instrumental and mechanical treatment of tying practices used by firms having the market power under conditions of technological progress is not proper. The problem of antitrust analysis of such practices is universal, as universal as these practices are. However, the problem is solved differently in the United States and in Europe and the reasons for such a different approach are rooted in the legal system and policy enforcement. Microsoft antitrust is global. After US and European cases, Korean competition authority has found Microsoft guilty of tying practices2. Regarding Microsoft problems with tying it is necessary to ask the question whether tying practices are

28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

Science.gov (United States)

2010-07-01

... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

Antitrust Enforcement Under Endogenous Fines and Price-Dependent Detection Probabilities

NARCIS (Netherlands)

Houba, H.E.D.; Motchenkova, E.; Wen, Q.

2010-01-01

We analyze the effectiveness of antitrust regulation in a repeated oligopoly model in which both fines and detection probabilities depend on the cartel price. Such fines are closer to actual guidelines than the commonly assumed fixed fines. Under a constant detection probability, we confirm the

European Union Antitrust Enforcement against Cartels – Priorities in the Context of Globalisation of Business and Economic Crisis

Directory of Open Access Journals (Sweden)

Iordache Lucia

2014-07-01

Full Text Available In the context of globalisation and EU member states’ efforts to overcome the difficulties of the economic crisis, realising the full potential of the Single Market is the main component of a credible plan for higher and sustainable growth in the EU. Competition policy is the central pillar of the Single Market. A strong antitrust enforcement, especially fighting cartels and preventing the creation of new ones, is at the core of open and fair pan-European markets, higher productivity and growth across Europe. This article summarizes the activities of the European Commission for the investigation and sanctioning of companies involved in cartels, focusing on the effectiveness of preventive policy of the Commission in antitrust enforcement, reflected in particular by the evolution of the fines imposed in cartel cases. The analysis outlines how antitrust policy contributes to strengthening the single market and the EU economic growth and examines the challenges for the implementation of antitrust policy caused by the changes in the dynamics and complexity of the economic environment, at the national and international level.

76 FR 21350 - Auction of 700 MHz Band Licenses Scheduled for July 19, 2011; Notice and Filing Requirements...

Science.gov (United States)

2011-04-15

... notices pertaining to this auction. ii. Prohibited Communications and Compliance With Antitrust Laws To... result in enforcement action. h. Antitrust Laws 24. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to...

50 CFR 679.81 - Rockfish Program annual harvester and processor privileges.

Science.gov (United States)

2010-10-01

... as permitted by general antitrust law; and (ii) The rockfish cooperative must establish a monitoring... cooperative is formed or is operating in compliance with antitrust law. (5) Application for the rockfish... the antitrust laws of the rockfish cooperative's proposed conduct. Membership in a rockfish...

41 CFR 102-75.275 - Who determines whether the proposed disposal would create or maintain a situation inconsistent...

Science.gov (United States)

2010-07-01

... the proposed disposal would create or maintain a situation inconsistent with antitrust laws? 102-75... Real Property Disposal Applicability of Antitrust Laws § 102-75.275 Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust laws? The Attorney General...

41 CFR 102-75.280 - What information concerning a proposed disposal must a disposal agency provide to the Attorney...

Science.gov (United States)

2010-07-01

... applicability of antitrust laws? 102-75.280 Section 102-75.280 Public Contracts and Property Management Federal... PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.280 What... the applicability of antitrust laws? The disposal agency must promptly provide the Attorney General...

The Interface Between EU Competition Law and Standard Essential Patents

DEFF Research Database (Denmark)

Lundqvist, Björn

2015-01-01

In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents...... would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper....

Competition Law and the Nuclear Sector: An EU Outlook

International Nuclear Information System (INIS)

Sousa Ferro, M.

2010-01-01

Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

Concetto di mercato e antitrust (The concept of the market and antitrust

Directory of Open Access Journals (Sweden)

P. Sabbatini

2013-10-01

Full Text Available In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the market depends on its structure and on the behaviour of its agents. Second, given differentiated products, the competitive relations between them will be heterogeneous, giving rise to as many market segments as there are individual products. Third, supply-side substitutability, i.e. the possibility of using a given technique to produce several products (not all in the same market ensures that intra-industry economic dynamics prevail over intra-market ones. Finally, multi-market contacts between firms generate overall strategic conduct, making analysis of any particular market irrelevant.  JEL Codes: K21, L40 

77 FR 50057 - Premerger Notification; Reporting and Waiting Period Requirements

Science.gov (United States)

2012-08-20

... determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when... transaction may, if consummated, violate the antitrust laws. In addition, Section 7A(d)(2) of the Act, 15 U.S... charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General...

76 FR 67025 - Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating...

Science.gov (United States)

2011-10-28

... that will assist the Agencies in monitoring the competitive effects of ACOs. Specifically, CMS will... Collaborations Among Competitors,\\11\\ will be evaluated under the Agencies' Horizontal Merger Guidelines.\\12\\ The... & Fed. Trade Comm'n, Antitrust Guidelines for Collaborations Among Competitors 1.1 (2000) [hereinafter...

Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

OpenAIRE

Ghosal, Vivek

2006-01-01

This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time-series data on enforcement to examine the interrelationships between the various criminal enforcement variables as well as the linkages between criminal and civil enforcement. The key findings are: (1) there appears to be considerable dynamic interplay between the criminal variables. For example, an increase in grand jury investigations or criminal cases initiated or the number of...

Enforcement of mandatory third party access based on antitrust law; Zwangsdurchleitung mittels Kartellrecht

Energy Technology Data Exchange (ETDEWEB)

Markert, K. [Bundeskartellamt, Berlin (Germany). 8. Beschlussabteilung

1998-04-01

Access of third parties to power transmission systems which up to now is governed in Germany by ownership rights will not run smoothly in future, although the general policy decision ended the dispute about the if, however leaving open aspects of the how. The problems arising in designing the how are currently displayed to the public by the disputes about conditions and model solutions reported from the telecommunications area, where deregulation is ahead of the developments in the energy sector. Obviously, the contention point is not technical feasibility of third party access, but the economic aspects and the conditions offered to competing suppliers depending on access to a transmission network. Hence it can be expected that there will be conflicts of interest that will have to be decided. The legal basis for conflict management is outlined in the recent amendment to the EnWG (German energy industry act), and jurisdiction will primarily rely on paragraph 6 of the act, referring to antitrust review. The contribution here gives an outline of the legal framework conditions governing enforcement of third party access to transmission systems in the future deregulated energy market. (orig./CB) [Deutsch] Die Oeffnung bisher geschlossener Netze fuer Drittwettbewerber verlaeuft auch dann, wenn ueber das `Ob` kein Streit mehr besteht, nicht konfliktfrei. Dies wird zur Zeit dem deutschen Publikum im Bereich der Telekommunikation mit fast taeglich neuen Varianten vorgefuehrt. Es geht dabei offensichtlich nicht um die technische Machbarkeit der Drittnutzung, sondern um die wirtschaftlichen Konditionen fuer Konkurrenten, die fuer ihr Leistungsangebot auf den Zugang zum Netz angewiesen sind. Konflikte ueber die Bedingungen dieses Zugangs sind daher vorprogrammiert, und es stellt sich die Frage, nach welchen Regeln und durch welche Gremien oder Institutionen solche Konflikte entschieden werden sollen. Der Beitrag umreisst die rechtlichen Rahmenbedingungen, die im neuen En

77 FR 2478 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88

Science.gov (United States)

2012-01-18

.... Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws...

Private regulation to appropriate value from design innovations : Implications for anti-trust policy

NARCIS (Netherlands)

Gemser, G.; Jacobs, D.

2002-01-01

Co-operative ventures among rivals are looked upon in general with suspicion by antitrust authorities. In this paper, we position ourselves in the school of thought that evaluates collusive behavior among rivals with the Schumpeterian concept of dynamic competition in mind rather than the concept of

75 FR 57109 - Premerger Notification; Reporting and Waiting Period Requirements

Science.gov (United States)

2010-09-17

... the Antitrust Division of the Department of Justice (the ``Assistant Attorney General'' or the ``Antitrust Division'') (together the ``Antitrust Agencies'' or ``Agencies'') conduct their initial review of... or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a...

Broken trusts: The Texas Attorney General versus the oil industry, 1889-1909

Science.gov (United States)

Singer, Jonathan Whitney

The legal history of state antitrust enforcement and the oil industry in Texas illustrates how and why antitrust law contemplated complementary enforcement at the state and federal government level. Historians, economists, and lawyers have concentrated on federal antitrust law and enforcement, ignoring state efforts. Yet for most of the first twenty-five years following the enactment of the Sherman Antitrust Act, federal enforcement efforts were extremely limited, leaving the field to the states. Texas was one of several states that had strong antitrust laws, and whose attorneys general prosecuted antitrust violations with vigor. Political ambition was a factor in the decisions to investigate and prosecute cases against a highly visible target, the petroleum industry, but there was also a genuine belief in the goals of antitrust policy, and in the efficacy of enforcement of the laws. Enforcement efforts were also complicated by the fact that large oil companies provided vital commodities, articles of "prime necessity," to the citizens of Texas and following the discovery of large oil fields, played an increasingly important role in the economies of many Texas communities. The Texas Attorney General's antitrust enforcement efforts against the oil industry in this time of transition from an agricultural society to an industrial society provide insights into the litigation process, and reveal how well the rhetoric of trust-busting fit with the reality of antitrust enforcement. The antitrust crusade against the petroleum industry also highlights the changing roles of state government in the late nineteenth and early twentieth centuries, particularly the Attorney General's Department. The experience of Texas undermines the view that federal action has always dominated antitrust enforcement efforts and that antitrust litigation against Standard Oil was ineffective and ineffectual. Rather, the Texas Attorney General's litigations and their results suggest that some states

29 CFR 100.603 - Debts that are covered.

Science.gov (United States)

2010-07-01

... whole or in part on conduct in violation of the antitrust laws; (4) A debt under the Internal Revenue... fraud, false claims, misrepresentation, or which violate antitrust laws will be promptly referred to the...

37 CFR 404.7 - Exclusive, co-exclusive and partially exclusive licenses.

Science.gov (United States)

2010-07-01

... lessen competition or create or maintain a violation of the Federal antitrust laws; and (iv) The Federal... maintain a violation of the Federal antitrust laws. (2) In addition to the provisions of § 404.5, the...

Beyond Antitrust: Health Care And Health Insurance Market Trends And The Future Of Competition.

Science.gov (United States)

Glied, Sherry A; Altman, Stuart H

2017-09-01

The United States relies on competition to balance costs and quality in the health care system. But concentration is increasing throughout the hospital, physician, and insurer markets. Midsize community hospitals face declining demand and growing competition from both larger hospitals and smaller freestanding diagnostic and surgical centers, leaving the midsize hospitals vulnerable to closure or merger with other facilities. Competition among insurers has been limited by the development of hospital systems that extend the bargaining power of "must-have" hospitals (those perceived to provide the best care for complex and less common conditions) across local health care markets. Government antitrust enforcement could play an important role in maintaining competition in both the hospital and insurer markets, but in many markets, the impact of that enforcement has been limited to date. Policy makers should consider supplementing antitrust activities with strategies that combine competition and regulation-for example, by regulating selected prices and structuring competition to cover entire insurance markets. Project HOPE—The People-to-People Health Foundation, Inc.

The Continuing Role For Antitrust Enforcement In the Electricity Sector

OpenAIRE

William Stallings

2013-01-01

William Stallings discusses some of the recent enforcement actions in the electricity sector, a highly regulated sector, where government has played an important role in enforcing competition policy. The recent “New York Capacity†cases involving a power generator and its financial services firm, includes the use of a derivative agreement to bypass merger regulation and restrain trade. As Stalling notes, this is an example of a novel liability theory used by the Antitrust Division of...

47 CFR 1.1902 - Exceptions.

Science.gov (United States)

2010-10-01

...) Claims based in whole or in part on conduct in violation of the antitrust laws, or in regard to which... based in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud...

37 CFR 404.5 - Restrictions and conditions on all licenses granted under this part.

Science.gov (United States)

2010-07-01

... found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection... construed to confer upon any person any immunity from or defenses under the antitrust laws or from a charge... Federal Government and the public and are not in conflict with law or this part. The following terms and...

Efficiency Gains and Myopic Antitrust Authority in a Dynamic Merger Game

OpenAIRE

MOTTA, Massimo; VASCONCELOS, Helder

2003-01-01

This Paper models a sequential merger formation game with endogenous efficiency gains in which every merger has to be submitted for approval to the Antitrust Authority (AA). Two different types of AA are studied: first, a myopic AA, which judges a given merger without considering that subsequent mergers may occur; and, second, a forward-looking AA, which anticipates the ultimate market structure a given merger will lead to. By contrasting the decisions of these two types of AA, merger policy ...

77 FR 3282 - Agency Information Collection Activities: Proposed Collection; Comments Requested: Federal Coal...

Science.gov (United States)

2012-01-23

... lease is consistent with the antitrust laws. (5) An estimate of the total number of respondents and the... under Review. The Department of Justice (DOJ), Antitrust Division (ATR), will be submitting the... or additional information, please contact Jill Ptacek, Antitrust Division, United States Department...

49 CFR 1331.5 - Additional standards for retaining antitrust immunity by passenger bus industry rate bureaus.

Science.gov (United States)

2010-10-01

... immunity by passenger bus industry rate bureaus. 1331.5 Section 1331.5 Transportation Other Regulations... standards for retaining antitrust immunity by passenger bus industry rate bureaus. (a) Rate bureaus must... tariff structure modifies in a relatively non-uniform fashion the relationship between most rates...

76 FR 54734 - Proposed Information Collection; Comment Request; Application for Export Trade; Certificate of...

Science.gov (United States)

2011-09-02

... application of U.S. antitrust laws to export activities--especially joint export activities involving domestic... provides the certificate holder and its members with limited antitrust preclearance for specified export... information is necessary for both the Departments of Commerce and Justice to conduct an antitrust analysis, in...

Big Data, IPRs & Competition Law in the Pharma & Life Sciences- future issues in a rapidly evolving field

DEFF Research Database (Denmark)

Minssen, Timo

the merger on the condition that the merged firm would make copies of its database available for purchase by existing and new potential competitors. The previous decision of the European Court of Justice in the IMS Health case has already set out that there are limitations to the extent IPRs can be used...... is an area that is very much in flux. There remains no consensus on the application of antitrust law to Big Data much less as to how it applies. Disagreement aside there is a growing number of decisions, which highlight the use of antitrust rules to Big Data cases. Historically the European and the U...... to pharmaceutical laboratories using Euris software while selling to laboratories using Cegedim’s own and other competing CRM management software. Following the decision from the French Authority finding that the refusal was unjustified it is clear that refusal to sell may in certain circumstances give rise...

77 FR 17500 - Agency Information Collection Activities: Proposed Collection; Comments Requested

Science.gov (United States)

2012-03-26

... antitrust laws. (5) An estimate of the total number of respondents and the amount of time estimated for an... Lease Request. The Department of Justice (DOJ), Antitrust Division (ATR), will be submitting the... information, please contact Jill Ptacek, Antitrust Division, United States Department of Justice, 450 5th...

Addressing responsibility of owners and managers in cartel agreements: A competition law perspective

Directory of Open Access Journals (Sweden)

Pavlic Ljiljana

2015-01-01

Full Text Available Horizontal agreements between competitors with t h e object/effect of reducing competition between them through market partitioning, bid rigging, production/distribution quantities limitation and price fixing are considered to be the infringements of competition law. Cartel is an agreement under which competitors agree not to compete with each other and presents the most serious form of anticompetitive behaviour. Such arrangements allow companies to exert market power they would not otherwise have by artificially restricting competition with deleterious effect on welfare. Competition authorities around the world continue to declare cartel detection and conviction in competition enforcement as their highest priority. Taking part in cartel can have severe consequences for managers as well for the undertaking. In some jurisdictions employees involved in the infringement of competition law are criminally prosecuted facing financial fines and possible imprisonment. The reason behind it is an acknowledgment by competition authorities that the mere threat of sanctions against managers and personal liability could be a more effective deterrent than the possibility of only undertaking-focused sanctions. The amount of fines imposed for antitrust infringements, and for hard core cartel violations in particular, has notably augmented over the last years. This paper will argue why managers are employed in harmful activities risking imposition of severe fines and adverse reputational impact for themselves and the owners of the undertakings they work for and what are the tools within undertaking that can reduce the risk of being involved in unlawful antitrust practices and minimize the negative impact if anticompetitive behaviour has occurred.

28 CFR 56.1 - Purpose and scope.

Science.gov (United States)

2010-07-01

... section 252 of EPCA makes available a defense to actions brought under the Federal antitrust laws. ... charge of the Antitrust Division to whom the Attorney General has delegated his authority under this...

Antitrust Enforcement in the Electricity and Gas Industries: Problems and Solutions for the EU

International Nuclear Information System (INIS)

Leveque, Francois

2006-01-01

Antitrust enforcement in the electricity and gas industries raises specific problems that call for specific solutions. Among the issues: How can the anticompetitive effects of mergers be assessed in a changing regulatory environment? Should long-term agreements in energy purchasing be prohibited? What are the benefits of preventive action such as competition advocacy and market surveillance committees? Should Article 82 (a) of the EC Treaty be used to curb excessive pricing?. (author)

41 CFR 102-38.320 - Are there other statutory requirements governing the sale of Federal personal property?

Science.gov (United States)

2010-07-01

... requirements, such as the Debt Collection Improvement Act of 1996 (Public Law 104-134, sec. 31001, 110 Stat. 1321-358) and antitrust requirements that are discussed in § 102-38.325. Antitrust Requirements ...

Legislation in the electricity economy 1980

International Nuclear Information System (INIS)

Antoni, W.; Haeusler, C.; Hermann, H.P.; Meyer-Woebse, G.; Schmidt, K.

1981-01-01

The authors survey substantial developments of legislation in the electricity economy in 1980. They deal with prominent, legal subjects of a political nature and discuss questions posed by the interpretation and application of laws with regard to supply concepts, to the 4th amendment to the anti-trust law, to legislation relating to the anti-trust law, to recommendations by the Investigation Committee, to rate approvals, general terms and conditions governing supplies, to atomic energy law, to the environmental protection law, to the law relating to the conservation of nature and preservation of rural amenities, to the law relating to roads and to developments of tax laws. (HSCH) [de

Control of grid user payment. Antitrust legal standards of control for the examination of grid user payments of the german operators of electricity distribution networks in the system of the negotiated grid access; Netznutzungsentgeltkontrolle. Kartellrechtliche Kontrollmassstaebe fuer die Ueberpruefung von Netznutzungsentgelten der deutschen Elektrizitaetsverteilungsnetzbetreiber im System des verhandelten Netzzungangs

Energy Technology Data Exchange (ETDEWEB)

Stappert, H.

2007-07-01

For years their exists a controversy concerning to the permissible height of payments for the use of distribution networks in the electricity supply in the system of the negotiated grid access. Under this aspect, the author of the contribution under consideration reports on antitrust legal standards of control for the examination of grid user payments of the German operators of electricity distribution networks. The main aspects are: test standard; relation to energy law; market demarcation; position of the norm receiver; control methods; spatial comparison of interior prices; control of costs.

LIMITATIONS OF EU COMPETITION LAW AND THEIR INFLUENCE ON RECIDIVISM AND DETERRENCE: ANALYSIS OF THE CONVENIENCE OF A PENAL APPROACH TO CARTELS

Directory of Open Access Journals (Sweden)

Amaya ANGULO GARZARO

2014-05-01

Full Text Available Competition law seeks to foster competition and innovation through the sanctioning of antitrust behavior, and it especially seeks to discourage the creation of hardcore cartels. To that effect, the European Union imposes administrative sanctions to cartels, whereas the United States use their penal system against them. This paper will analyze the advantages and limitations of each option, and will determine whether it would be more effective for the European Union to also use its penal system against cartels.

Joint ventures e a política antitruste brasileira

Directory of Open Access Journals (Sweden)

Ana Paula Avellar

2012-12-01

Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.

50 Años de política antitrust comunitaria

Directory of Open Access Journals (Sweden)

Fernando Diez Estella

2013-07-01

Full Text Available Este artículo se realiza, al cumplir 50 años del Tratado de Roma el balance de la que comenzó siendo la Comunidad Económica y que hoy es la Unión Europea, a partir del análisis de la política de defensa de la competencia o política «antitrust» comunitaria. Bajo este marco retomaron temas como los fines del derecho comunitario de la competencia, el proceso de modernización la relación entre el derecho interno y la legislación comunitaria. Por otra parte, reconsiderando los acuerdos, decisiones y prácticas concertadas entre empresas, los tipos de convenios, efectos, excepciones y procedimientos, así como otros temas de interés relacionados con la competencia de las empresas en el marco de la Legislación de la Unión Europea. Política antitrus, competencia,

Article 27 of Competition Law and What Lies Beneath

Directory of Open Access Journals (Sweden)

Perdana A. Saputro

2011-09-01

Full Text Available This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”. One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.

Discovering the Miracle of Large Numbers of Antitrust Investigations in Russia: The Role of Competition Authority Incentives

OpenAIRE

Svetlana Avdasheva; Dina Tsytsulina; Svetlana Golovanova; Yelena Sidorova

2015-01-01

Many antitrust investigations in Russia continue to present a challenge for the assessment of competition policy and international enforcement ratings. On the one hand, many infringement decisions may be interpreted as an indicator of high enforcement efforts in the context of rigid competition restrictions and the significant related harm to social welfare. On the other hand, many investigations proceed under poor legal and economic standards; therefore, the impact of decisions and remedies ...

The Role of Regulatory Agencies and Intellectual Property: Part II.

Science.gov (United States)

Noonan, Kevin E

2015-03-16

Patent law and antitrust law have traditionally been areas of the law involving at least some inherent tension. Champions of antitrust argue that the patent "monopoly" must be strictly limited as an exception to the general legal principle that competition should be unfettered. Patent lawyers argue that patents are the result of an exercise of congressional authority, enshrined in the Constitution, reflecting the policy decision by the Founders that granting a limited exclusionary right was justified by the public benefits derived from full disclosure of the patented invention. In the modern era these competing values have played out in the context of so-called ANDA litigation, involving disputes between branded pharmaceutical companies and generic competitors. Settlement of such litigation has been identified by the Federal Trade Commission (FTC), and private parties encouraged by the FTC's position, as an antitrust violation, in large part because such settlements are viewed as frustrating the congressional purpose in promoting early generic competition. After almost a decade of fighting these battles in the federal courts, the Supreme Court addressed the issue directly. The result is that such settlements are not per se illegal but are also not protected by the presumption of patent validity for activities within the "scope of the patent." Rather, the court decided that these agreements should be assessed for antitrust liability under the "rule of reason" used in other antitrust contexts. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

The Role of Regulatory Agencies and Intellectual Property: Part II

Science.gov (United States)

Noonan, Kevin E.

2015-01-01

Patent law and antitrust law have traditionally been areas of the law involving at least some inherent tension. Champions of antitrust argue that the patent “monopoly” must be strictly limited as an exception to the general legal principle that competition should be unfettered. Patent lawyers argue that patents are the result of an exercise of congressional authority, enshrined in the Constitution, reflecting the policy decision by the Founders that granting a limited exclusionary right was justified by the public benefits derived from full disclosure of the patented invention. In the modern era these competing values have played out in the context of so-called ANDA litigation, involving disputes between branded pharmaceutical companies and generic competitors. Settlement of such litigation has been identified by the Federal Trade Commission (FTC), and private parties encouraged by the FTC’s position, as an antitrust violation, in large part because such settlements are viewed as frustrating the congressional purpose in promoting early generic competition. After almost a decade of fighting these battles in the federal courts, the Supreme Court addressed the issue directly. The result is that such settlements are not per se illegal but are also not protected by the presumption of patent validity for activities within the “scope of the patent.” Rather, the court decided that these agreements should be assessed for antitrust liability under the “rule of reason” used in other antitrust contexts. PMID:25775920

28 CFR 0.41 - Special functions.

Science.gov (United States)

2010-07-01

... Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Antitrust Division... supervised by, the Assistant Attorney General, Antitrust Division: (a) Institution of proceedings to impose... section 305(a) of Public Law 97-290 (15 U.S.C. 4015(a)). (k) Acting on behalf of the Attorney General with...

Financial Integration and Tax Efficiency –Premises of Antitrust Policy and Economic Growth

Directory of Open Access Journals (Sweden)

Mihai Mărginean

2016-01-01

Full Text Available The aims of this paper is to highlight the relationship between financial integration, taxation and anti-monopoly policy.We will focus on the arguments that come to strengthen that the effectiveness of anti-monopoly policy depends on effective measures in the area of taxation and hence the effects of taxation. Basically, in our analysis, we built a research that stressed the importance of interplay between the variables involved and the objective of economic growth. Noting that the public income and expeenditures (item that showing the importance of administration sector in the economy, depends on effective antitrust policy. For this analysis, we used data between 2008 and 2014 from the Competition Council and Eurostat.

10 CFR 1.15 - Atomic Safety and Licensing Board Panel.

Science.gov (United States)

2010-01-01

..., physicists, engineers, and environmental scientists; and Administrative Law Judges, who hear antitrust, civil... Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing...

12 CFR 7.3001 - Sharing space and employees.

Science.gov (United States)

2010-01-01

... antitrust laws. ... law; (4) All aspects of the relationship between the bank and the other business are conducted at arm... complies with 12 U.S.C. 29 and 36 and with any other applicable laws and regulations. If the arrangement...

76 FR 56678 - Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework...

Science.gov (United States)

2011-09-14

... other commercial matters regulated by U.S. antitrust laws. A court reporter will record the proceedings... Energy Policy Act of 1992 (EPAct 1992), Public Law 102-486, established energy conservation standards for...

26 CFR 1.61-14 - Miscellaneous items of gross income.

Science.gov (United States)

2010-04-01

... as treble damages under the antitrust laws and exemplary damages for fraud are gross income. Another... by law. Illegal gains constitute gross income. Treasure trove, to the extent of its value in United...

Il Riparto di Competenze tra Autorità Indipendenti nella Repressione delle Pratiche Commerciali Scorrette

Directory of Open Access Journals (Sweden)

Livia Lorenzoni

2015-07-01

Full Text Available Since the adoption of the European directive on unfair commercial practices, its provisions started to apply alongside the existing sector-specific European legislation on consumer protection. With the aim of ensuring a coherent system of European consumer law, the directive stated that, in the case of conflict between its rules and other Community law regulating specific aspects of unfair commercial practices, the latter shall prevail and apply to those aspects. The directive, however, did not mandate any enforcement mechanism at the national level. The Italian legislation which implemented the European directive conferred a general enforcement power on unfair commercial practices to the national antitrust authority. Italian law was not, however, very clear regarding the competence of the agency in markets subject to the oversight of a different sector-specific authority. This issue was raised before the Italian administrative law Court which, at first, seemed to limit the general competence of the antitrust authority in fields where the contested practices were also considered by sector-specific regulation. For this reason, the European Commission started an infringement proceeding against Italy for not having correctly implemented the directive on unfair commercial practices.As a consequence, a recent reform in Italian law conferred the antitrust authority an exclusive competence to combat unfair commercial practices also in regulated sectors, after having consulted the sector-specific regulator, apart when the breach of sector-specific regulation does not result in an unfair commercial practice. After the adoption of this provision, the Italian administrative judge finally interpreted the law on unfair commercial practice consistently with the European directive. The Court denied that the adoption of secondary legislation by a national sector-specific regulators can exclude the application of the general provisions on unfair commercial

77 FR 48108 - Energy Conservation Standards for Commercial Clothes Washers: Public Meeting and Availability of...

Science.gov (United States)

2012-08-13

... commercial matters regulated by U.S. antitrust laws. After the public meeting and the expiration of the.... Code, for editorial reasons.) The Energy Policy Act of 2005 (EPACT 2005), Public Law 109-58, further...

lawstat: An R Package for Law, Public Policy and Biostatistics

Directory of Open Access Journals (Sweden)

Wallace Hui

2008-01-01

Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

Confinement of the antitrust control of abuse in the energy sector. At the same time comment to OLG Duesseldorf from 19th October, 2011. Reference VI-3 Kart 1/11 (V) - GAG Ahrensburg; Grenzen der kartellrechtlichen Missbrauchskontrolle im Energiebereich. Zugleich Anmerkung zu OLG Duesseldorf v. 19.10.2011. Az. VI-3 Kart 1/11 (V) - GAG Ahrensburg

Energy Technology Data Exchange (ETDEWEB)

Weyer, Hartmut [Technische Univ. Clausthal, Clausthal-Zellerfeld (Germany)

2012-10-15

Up to the amendment of the Energy Economy Law (EnWG) 2005 the legislator permitted parallel applicability of the Energy Economy law as well as the Restriction of Competition (GWB) to energy situations. Based on the GWB, especially in procedures by competition authorities key decisions on the reliable behaviour of operators of power distribution systems and natural gas distribution systems were disposed. This approach was restricted by the amendment of the EnWG 2005 with the introduction of paragraph 111 EnWG. In compliance with this, this restriction was implemented in paragraph 130 sect. 3 GWB. From now on, paragraph 111 Sect. 1 and 2 EnWG exclude the antitrust control of abuse according to the paragraphs 19, 20 and 29 GWB. With this, the competence of the cartel authorities are excluded in favour of the regulatory legal prescriptions of the EnWG.

Legal problems of doing business with foreign energy cartels

International Nuclear Information System (INIS)

Sayler, R.H.

1983-01-01

This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

78 FR 33262 - Energy Efficiency Program for Commercial and Industrial Equipment: Public Meeting and...

Science.gov (United States)

2013-06-04

... information, costs or prices, market shares, or other commercial matters regulated by U.S. antitrust laws. A... Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309) established...

Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

Energy Technology Data Exchange (ETDEWEB)

Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

2013-11-01

The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

76 FR 41861 - Voluntary Intermodal Sealift Agreement (VISA)

Science.gov (United States)

2011-07-15

...) to satisfy commercial or DOD requirements. VISA provides a defense against antitrust laws in... non-participants. Participation Any U.S.-flag vessel operator organized under the laws of a state of....S. citizenship documentation; Copy of their Articles of Incorporation and/or By Laws; Copies of...

Legal and regulatory education and training needs in the healthcare industry.

Science.gov (United States)

Henson, Steve W; Burke, Debra; Crow, Stephen M; Hartman, Sandra J

2005-01-01

As in any other industry, laws and regulations significantly impact the functioning of the healthcare industry. Some laws, such as those relating to malpractice and social insurance systems, affect the manner in which the industry operates. Other laws, such as those regulating antitrust and employment practices, affect the organization and the environment in which the industry operates. It is increasingly important that practitioners and managers be cognizant of this complex and dynamic legal minefield. This study examined healthcare managers and executives' knowledge of 9 key issues in the legal and regulatory environment of the healthcare industry. Specifically, the study focused on knowledge concerning tort and contract liability, insurance law, labor and employment regulation, criminal and ethical responsibility, antitrust regulation, the law governing business associations and recent developments. Findings suggest that the levels of knowledge required to manage legal and regulatory issues are much greater than the existing levels of knowledge.

Unbundling of a energy supply company? Accordung to the proposal of the Federal Ministry of Economy; Entflechtung von Energieversorgungsunternehmen? Zum Vorschlag des Bundeswirtschaftsministeriums

Energy Technology Data Exchange (ETDEWEB)

Moeschel, Wernhard [Tuebingen Univ. (Germany). Wirtschaftsrecht

2011-04-15

The proposal from the Federal Ministry of Economics and Technology (Berlin, Federal Republic of Germany) to supplement the Law against the Restriction of Competition (GWB) is discussed extremely controversial. The author of the contribution under consideration rejects the reference of the concept to legislative models. In particular, the antitrust laws of the United States of America is misleading. A demand for such a drastic instrument is not visible. Even in the energy sector it could not be applied. A convincing theoretical basis for competition is missing. The author considers the decisive argument against the implementation of those plans in the risk of their political abuse. The author shows in detail that this risk is ubiquitous at all levels of the antitrust law.

37 CFR 404.4 - Authority to grant licenses.

Science.gov (United States)

2010-07-01

... past infringement. Any license shall not confer on any person immunity from the antitrust laws or from... immunized from the operation of state or federal law by reason of the source of the grant. [71 FR 11512, Mar...

75 FR 70852 - Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework...

Science.gov (United States)

2010-11-19

.... antitrust laws. A court reporter will record the proceedings of the public meeting, after which a transcript... Conservation Act of 1975 (EPCA), Public Law 94-163 (42 U.S.C. 6311- 6317, as codified), added by Public Law 95...), Public Law 109-58, amended EPCA to prescribe energy conservation standards for some automatic commercial...

78 FR 12252 - Energy Efficiency Program for Commercial and Industrial Equipment: Public Meeting and...

Science.gov (United States)

2013-02-22

... by U.S. antitrust laws. A court reporter will record the proceedings of the public meeting, after... Conservation Act of 1975 (EPCA), Public Law 94-163 (42 U.S.C. 6311- 6317, as codified), added by Public Law 95... 1992 (EPACT 1992), Public Law 101-486, amended section 342 of EPCA to establish Federal energy...

75 FR 52594 - Voluntary Intermodal Sealift Agreement (VISA)

Science.gov (United States)

2010-08-26

... antitrust laws in accordance with the DPA. CCAs must be submitted to the Maritime Administration for... non-participants. Participation Any U.S.-flag vessel operator organized under the laws of a state of... Incorporation and/or By Laws; Copies of loadline documents from a recognized classification society to validate...

Legally speaking: Federal Trade Commission issues positive advisory opinions on antitrust implications of clinical integration.

Science.gov (United States)

Wright, Robert

2009-10-01

From time to time, groups of physicians in an area may determine that they would benefit from "integrating" their practices into an IPA, PHO, or other joint venture. The anticipated benefits may include economies of scale, the ability to coordinate care between primary care physicians and specialists, providing disease management services for patients with certain conditions, or a myriad of other reasons. A key characteristic of these proposed integrated models is the ability for the group as a whole to negotiate with insurance companies and self-funded health care plans. When a group reaches the point of negotiating collectively for the fees that a pay- or is going to pay for various services throughout the plan, possible antitrust implications arise.

77 FR 53963 - Voluntary Intermodal Sealift Agreement (VISA)

Science.gov (United States)

2012-09-04

... satisfy commercial or DOD requirements. VISA provides a defense against antitrust laws in accordance with....-flag vessel operator organized under the laws of a state of the United States, or the District of... documentation; Copy of their Articles of Incorporation and/or By Laws; Copies of loadline documents from a...

78 FR 7304 - Energy Efficiency Program for Commercial and Industrial Equipment: Public Meeting and...

Science.gov (United States)

2013-02-01

.... antitrust laws. A court reporter will record the proceedings of the public meeting, after which a transcript... Conservation Act of 1975, as amended, (EPCA or the Act), Public Law 94- 163, (42 U.S.C. 6291 et. seq.) sets... amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210...

77 FR 49739 - Energy Conservation Standards for Residential Dehumidifiers: Public Meeting and Availability of...

Science.gov (United States)

2012-08-17

... shares, or other commercial matters regulated by U.S. antitrust laws. After the public meeting and the..., Public Law 94-163, (42 U.S.C. 6291-6309), as amended, established an energy conservation program for...-designated Part A for editorial reasons. The Energy Policy Act of 2005 (EPACT 2005), Public Law 109-58...

Defense of concurrence in the natural gas sector: actual features, problems and proposes of solution; Defesa da concorrencia no setor de gas natural: aspectos atuais, problemas e propostas de solucao

Energy Technology Data Exchange (ETDEWEB)

Souza, Anderson; Sandes, Ingrid [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil). Faculdade de Direito

2004-07-01

The present paper discusses the enforcement of the antitrust law on oil and gas market. The importance of this theme refers to the open of oil and gas market after the constitutional amendment NBR. 09, by making the flexibilization of monopoly on oil and gas reservoirs and introducing the concurrence in this market. The amendment changed also the relationship between State and oil market by leaving the direct action on economy for indirect action and constituting a regulation authority, ANP. Thus, the paper studies the role of the Brazilian antitrust and regulation authorities in the defense of concurrence and the relationship between antitrust enforcement and regulation in the Brazilian oil market scenario. (author)

12 CFR 1704.1 - Authority and scope.

Science.gov (United States)

2010-01-01

... conduct in violation of the antitrust laws or involving fraud, the presentation of a false claim, or... the Internal Revenue Code (26 U.S.C. 1 et seq.) or the tariff laws of the United States; (ii) Any case... they are not inconsistent with applicable law and regulations. (4) Nothing in this part 1704 precludes...

45 CFR 2506.4 - What types of debts are excluded from these regulations?

Science.gov (United States)

2010-10-01

...) Any debt based in whole or in part on conduct in violation of the antitrust laws or involving fraud... arising under the Internal Revenue Code (26 U.S.C. 1 et seq.) or the tariff laws of the United States, or... the collection; (e) Claims between Federal agencies; (f) Unless otherwise provided by law...

36 CFR 1201.4 - What types of claims are excluded from these regulations?

Science.gov (United States)

2010-07-01

...) Any debt based in whole or in part on conduct in violation of the antitrust laws or involving fraud... claims arising under the Internal Revenue Code (26 U.S.C. 1 et seq.) or the tariff laws of the United... collection; (e) Claims between Federal agencies; (f) Unless otherwise provided by law, administrative offset...

10 CFR 784.3 - Policy.

Science.gov (United States)

2010-01-01

... concentration or the creation or maintenance of other situations inconsistent with the antitrust laws. (b) If it... PATENT WAIVER REGULATION § 784.3 Policy. (a) Section 6 of Public Law 96-517 (the Bayh-Dole patent and... Development Act of 1974, 42 U.S.C. 5908, Public Law 99-661, 42 U.S.C. 7261a, and, where not inconsistent...

48 CFR 1303.303 - Reporting suspected antitrust violations.

Science.gov (United States)

2010-10-01

... Contract Law Division, by the HCO. A copy of the report shall be sent to the Procurement Executive concurrently with the submission to the Office of the Assistant General Counsel for Administration, Ethics Law...

45 CFR 702.13 - Intimidation of witnesses.

Science.gov (United States)

2010-10-01

... investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds... endeavors to influence, obstruct, or impede the due and proper administration of the law under which any...

Price abuse monitoring under paragraph 29 of the Law Against Restraints on Competition; Die Preismissbrauchskontrolle nach paragraph 29 GWB

Energy Technology Data Exchange (ETDEWEB)

Koleva, Raliza

2013-08-01

Written against the backdrop of criticism levelled at paragraph 29 of the Law Against Restraints on Competition (GWB) the present study undertakes a critical discussion of this legal norm along with questions and points of criticism that have been raised in its context in the literature and case law. It first addresses the central question as to whether paragraph 29 GWB conforms to the stipulations of European law and the German constitution. It then expounds the system behind paragraph 29 GWB, making a detailed examination of the individual elements of the offences covered by the regulation while giving thorough consideration to existing case law on instruments of price abuse monitoring that have been used to date under cartel law. A further focus of the present study is on the question as to what circumstances a supply company under suspicion of price abuse may claim in attempting to justify significant differences that have been found to exist between its own prices and those of a comparable company. This aspect is of great practical relevance in lawsuits concerning price abuse under cartel law, since the option of demonstrating justification is the most important line of approach for supply companies under suspicion of price abuse in attempting to fend off such allegations. Based on an analysis of past practice of the German Federal Cartel Office and the antitrust courts the author undertakes to determine a scale for assessing the costs which the responding supply company can claim in its defence. Finally she endeavours to methodologically capture the price limit concept, making proposals for its practical application with due consideration to the findings that have transpired from the study.

Recent Developments at DG Competition: 2016/2017.

Science.gov (United States)

Buehler, Benno; Coublucq, Daniel; Hariton, Cyril; Langus, Gregor; Valletti, Tommaso

2017-01-01

The Directorate General for Competition at the European Commission enforces competition law in the areas of antitrust, merger control, and state aids. This year's article provides first a general presentation of the role of the Chief Competition Economist's team and surveys the main achievements of the Directorate General for Competition over 2016/2017. The article then reviews the economic work undertaken in one merger case between Dow/DuPont, which raised specific issues related to innovation, as well as in an antitrust case on parity clauses related to Amazon e-books.

New Toys For Old Games: eBooks – iTroubles

OpenAIRE

Jay Himes; Meegan Hollywood

2012-01-01

While the innovations of Apple may reflect significant industry advances and offer considerable consumer benefits, still, the antitrust laws cannot be jettisoned to accomplish such goals. Jay L. Himes & Meegan Hollywood (Labaton Sucharow LLP)

Franchising a právo

OpenAIRE

Hampejsová, Jitka

2013-01-01

The thesis deals with legislative regulation of franchising in the Czech Republic and which areas of law have influence on franchise agreements and how is this relationship to other areas of law solved. The thesis focuses on content of franchise agreements, on typical provisons of franchise agreements according to antitrust law, on protection of intellectual property rights, on unfair competiton and on personal data protection. Some aspects are discussed according to laws of the USA and Germa...

Teoria da adequação econômica da conduta: significado econômico da conduta em face da tutela penal antitruste

OpenAIRE

Luiz da Silva, Ivan

2009-01-01

Essa tese tem por objetivo o desenvolvimento da teoria da adequação econômica da conduta no direito penal econômico. Vale-se de uma abordagem interdisciplinar abrangendo a Economia, o direito econômico e o direito penal. Para alcançar o desiderato a investigação analisou a intervenção do direito penal em face da atividade econômica e, em especial, os fundamentos da tutela penal antitruste, para fins de estabelecer os contornos teóricos necessários à aplicação das premissas fund...

22 CFR 34.3 - Exceptions.

Science.gov (United States)

2010-04-01

... regulations (see 48 CFR part 32). (c) Debts based in whole or in part on conduct in violation of the antitrust laws, or in regard to which there is an indication of fraud, presentation of a false claim, or...

The cost conundrum: financing the business of health care insurance.

Science.gov (United States)

Kelly, Annemarie

2013-01-01

Health care spending in both the governmental and private sectors skyrocketed over the last century. This article examines the rapid growth of health care expenditures by analyzing the extent of this financial boom as well some of the reasons why health care financing has become so expensive. It also explores how the market concentration of insurance companies has led to growing insurer profits, fewer insurance providers, and less market competition. Based on economic data primarily from the Government Accountability Office, the Kaiser Family Foundation, and the American Medical Associa tion, it has become clear that this country needs more competitive rates for the business of health insurance. Because of the unique dynamics of health insurance payments and financing, America needs to promote affordability and innovation in the health insurance market and lower the market's high concentration levels. In the face of booming insurance profits, soaring premiums, many believe that in our consolidated health insurance market, the "business of insurance" should not be exempt from antitrust laws. All in all, it is in our nation's best interest that Congress restore the application of antitrust laws to health sector insurers by passing the Health Insurance Industry Antitrust Enforcement Act as an amendment to the McCarran-Ferguson Act's "business of insurance" provision.

A economia das firmas cooperadas e a análise antitruste*

Directory of Open Access Journals (Sweden)

Luiz A. Esteves

2015-12-01

Full Text Available Resumo A literatura econômica tem despendido décadas de esforço analítico para fornecer evidências teóricas e empíricas acerca das diferenças de comportamento entre as firmas gerenciadas pelo capital (firmas capitalistas convencionais e firmas gerenciadas pelo trabalho (inclui as cooperativas e associações de profissionais, principalmente no que diz respeito aos seus objetivos. As firmas capitalistas convencionais objetivam a maximização dos lucros, enquanto que as firmas cooperadas objetivam a estabilidade do emprego e do produto. A política antitruste tem replicado o mesmo tratamento despendido às firmas capitalistas convencionais para os casos envolvendo as firmas cooperadas. Tal decisão pode aumentar a probabilidade de ocorrências de erros do tipo I e do tipo II. Esse problema se torna menor quando os casos envolvem "falsas cooperativas". Em termos de política pública, a conclusão do presente artigo é de que uma concentração ou coordenação entre cooperados de fato ou profissionais não é, per se, condição necessária e suficiente para causar dano concorrencial. As especificidades destes tipos de organizações demandam análise específica e a aplicação da regra da razão. Finalmente, o artigo fornece uma proposta de filtro para distinção entre firmas cooperadas de fato e de cartéis disfarçados de cooperativas.

Economic and institutional dynamics of electricity markets deregulation: the interaction between sectoral regulation and antitrust policy

International Nuclear Information System (INIS)

Fontanel, B.

2009-01-01

The purpose of this study is to define regulatory intervention as a part of a global monitoring procedure allowing the definition and adaptation of market structures and rules, given the observed behavior of market participants. Nevertheless, the possible inefficiency in its (decisional) coordination with competition authorities implies further analysis. We thus adopt a comparative methodology based on the studying PJM and NETA wholesale markets. This analysis enables us to stress two possible 'models' in the distribution and coordination of monitoring powers. The first one privileges a strong 'informational coordination' between the sectoral regulator and the Transmission System Operator. By contrast, the second model is characterized by a constrained informational coordination, leading to a greater 'decisional convergence' between regulatory intervention and antitrust policy. Lastly, we put these conclusions into perspective with the specific issue of the achievement of an efficient and integrated European market for electricity. In particular, we stress the need for a single regulatory agency, which should be given autonomous decisional powers in the adoption of regional markets reform initiatives (author)

Competition Advocacy: the Italian Experience

Directory of Open Access Journals (Sweden)

Salvatore Rebecchini

2014-07-01

Full Text Available Competition advocacy is considered, together with enforcement, the core business of an antitrust authority. Broadly speaking there are at least three main tasks regularly performed by most, if not all, antitrust agencies that are amenable to the advocacy function: addressing laws and regulations in order to remove unnecessary impediments to competition; engaging in sector enquiries to understand markets behavior and identify critical issues; explaining the benefits of open competitive markets to the public opinion. This article examines these three main tasks and outlines the challenges for competition agencies, with references to the experience of the Italian Competition Authority (ICA and the initiatives undertaken at international level.

Tradition and change in power industry legislation

International Nuclear Information System (INIS)

Baur, J.F.; Boerner, B.; Friauf, K.H.; Salzwedel, J.; Selmer, P.

1986-01-01

On September 24-25, 1985 the 15th conference of the Institute for Energy Law took place in Cologne. This book contains five of the lectures held at the conference. They deal with the following subjects: Constitutional restrictions of autonomous energy policy of the Land governments; compulsory connection to and use of district heating; is there any necessity for amending the anti-trust law for reasons of energy policy; environmental law - planning law - gaps in the legislation concerning the energy sector; Energy Industry Law - are there legislative deficiencies, or is it an adequate, correct legislative instrument. (HSCH) [de

78 FR 4439 - United States

Science.gov (United States)

2013-01-22

... prices for chiropractic services in Oklahoma. Antitrust law treats naked agreements among competitors that set prices as per se illegal.\\2\\ Where competitors economically integrate in a joint venture... that is designed to control costs and assure quality of care by monitoring over-utilization of health...

The Suspension of the National Association of Broadcasters' Code and Its Effects on the Regulation of Advertising.

Science.gov (United States)

Maddox, Lynda M.; Zanot, Eric J.

After a federal judge ruled in 1982 that some stipulations of the National Association of Broadcasters' (NAB) Television Code were violating antitrust laws, the NAB responded by suspending all code operations. Effects of the suspension on network advertising included (1) the disappearance of preclearance for commercials about cholesterol-related…

78 FR 24151 - Submission for OMB Review; Comment Request

Science.gov (United States)

2013-04-24

... and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a... of information unless it displays a currently valid OMB control number. Forest Service Title: Bid for... appraised value; bidders meet specific criteria when submitting a bid; and anti-trust violations do not...

Pricing Decisions in Franchised Chains: A Look at the Restaurant and Fast-Food Industry

OpenAIRE

Francine Lafontaine

1995-01-01

This paper examines empirical issues of pricing and price dispersion within franchised restaurant and fast-food chains. Given the per se illegality of resale price maintenance (RPM) under current U.S. Antitrust laws, and the fact that franchised outlets are independent businesses under the law, franchisors must delegate the power to set prices to franchisees whereas corporate chains can control downstream prices directly. The issue I examine is whether it matters empirically who, between the ...

Leniency programs and socially beneficial cooperation: Effects of type I errors

Directory of Open Access Journals (Sweden)

Natalia Pavlova

2016-12-01

Full Text Available This study operationalizes the concept of hostility tradition in antitrust as mentioned by Oliver Williamson and Ronald Coase through erroneous law enforcement effects. The antitrust agency may commit type I, not just type II, errors when evaluating an agreement in terms of cartels. Moreover, firms can compete in a standard way, collude or engage in cooperative agreements that improve efficiency. The antitrust agency may misinterpret such cooperative agreements, committing a type I error (over-enforcement. The model set-up is drawn from Motta and Polo (2003 and is extended as described above using the findings of Ghebrihiwet and Motchenkova (2010. Three effects play a role in this environment. Type I errors may induce firms that would engage in socially efficient cooperation absent errors to opt for collusion (the deserved punishment effect. For other parameter configurations, type I errors may interrupt ongoing cooperation when investigated. In this case, the firms falsely report collusion and apply for leniency, fearing being erroneously fined (the disrupted cooperation effect. Finally, over-enforcement may prevent beneficial cooperation from starting given the threat of being mistakenly fined (the prevented cooperation effect. The results help us understand the negative impact that a hostility tradition in antitrust — which is more likely for inexperienced regimes and regimes with low standards of evidence — and the resulting type I enforcement errors can have on social welfare when applied to the regulation of horizontal agreements. Additional interpretations are discussed in light of leniency programs for corruption and compliance policies for antitrust violations.

Initiative and responsibility; Veranlassung und Verantwortung

Energy Technology Data Exchange (ETDEWEB)

Loewer, Wolfgang (ed.)

2012-07-01

The 6th Bonner Dialogue to energy law picks up the trend of increasing regulation of the energy sector on a more fundamental level. Under this aspect, the book under consideration contains four contributions: (1) Initiative and responsibility from a constitutional point of view (Hans-Jueergen Papier); (2) Obligations to invest in the development of transmission networks between initiative and responsibility (Juergen Kuehling); (3) Antitrust unbundling of companies from comparative law perspective (Wulf-Henning Roth); (4) Unbundling of companies outside of fusion control according to valid and future law (Andreas Roehling).

A Report to the Nation on the Management of Metric Implementation.

Science.gov (United States)

Perica, Lou, Ed.

The progress toward United States conversion to the metric system is the major focus of this publication. The status of Federal legislation and the influence of anti-trust laws on this legislation are discussed. Metric implementation by industry is surveyed with respect to several industries: automobile, aerospace, tooling, building and…

Awarding legal and Union legal specifications for the routing and operation of district heating pipelines in the public street space; Vergabe- und unionsrechtliche Vorgaben fuer die Verlegung und den Betrieb von Fernwaermeleitungen im oeffentlichen Strassenraum

Energy Technology Data Exchange (ETDEWEB)

Reidt, Olaf

2012-08-15

The contribution under consideration deals with the question which requirements arise from the national competition and procurement law under EU law for the construction, the continued existence and operation of district heating pipes in public streets. In particular, the question will be whether the planned signing of a concession agreement or the imminent expiry of a fixed-term concession agreement are to be made known throughout the Union. Various constellations in the district heating sector will comment on whether the EU law procurement directives require the compliance with the antitrust laws. Then the requirements of the European primary law are presented for such cases in which the public procurement directives and the cartel procurement law are not relevant.

Résultats de recherche | Page 115 | CRDI - Centre de recherches ...

International Development Research Centre (IDRC) Digital Library (Canada)

Les pratiques commerciales ou concurrentielles inéquitables constituent une part importante des lois antitrust de nombreux pays. ... le soutien du CRDI, a créé un projet de recherche concertée sur le droit administratif international (Global Administrative Law [GAL] Project) dans le but de faire en sorte que les universitair.

The Economics of Comparable Worth.

Science.gov (United States)

Killingsworth, Mark R.

This document concludes that the basic difficulty with comparable worth is that it is an ill-conceived solution to a serious problem and that alternative policies, such as equal employment opportunity legislation or application of antitrust laws, provide means of addressing employment discrimination that are both more effective and less likely to…

Broadcasting football rights in Brazil: the case of Globo and "Club of 13" in the antitrust perspective

Directory of Open Access Journals (Sweden)

César Mattos

2012-06-01

Full Text Available In 2010, the Brazilian Antitrust Authority -CADE- concluded an agreeement with Globo and the "Club of 13" on a three-year deal for the exclusive broadcasting rights to all Brazilian Football League (BFL games spanning the five principal media platforms: free-to-air TV, pay TV, Pay per View, Internet and Mobile. The deal eliminates competition in broadcasting of Brazilian League games (primarily other networks, including Record, SBT, ESPN, etc., reducing "competition in the market." However, it is plausible to assume that exclusivity can bring efficiencies to the market by ensuring a return on investments. In addition, the sale of broadcasting rights accounts for nearly 40% of the revenues of Brazilian clubs. Banning exclusivity will likely reduce revenues and dampen sector efficiency. However, the contract included a preference clause for Globo that adversely affected "competition for the market." Globo abandoned the preference clause under the agreement. Another important provision of the agreement was the requirement that the Club of 13 auction the five media platforms separately. This article examines the economic rationale of the agreement and provides a brief analysis of the main lessons arising from the fragmentation of negotiations in 2011.

A guide to organizing joint ventures with physicians.

Science.gov (United States)

Peters, G R

1986-12-01

Catholic health care facilities must consider the business and legal risks, canon law, and other constraints when planning a joint venture with physicians. Participants should first establish goals and compatibility, then determine the venture's type (property, service), form ("true," lease, contract), and structure (corporation, partnership, joint property ownership, trust). The administrator must decide whether the facility will participate directly in the venture or form a separate organization. Participants must determine their relationships with the venture, choosing among many options. The administrator should consider whether a venture raises any canon law issues, especially regarding ecclesiastical and secular assets, approval by the local bishop or Holy See, and need for consultation. Other pertinent legal issues include: Fraud and abuse. The venture should not appear as compensation to induce referrals. Physician referrals. Many states prohibit or restrict referrals by physician participants. Antitrust law. Participants may be liable for actions constituting on antitrust violation. Securities low. Organizers must clarify Securities and Exchange Commission registration exemptions and observe state "blue sky" laws. Tax issues. Catholic health care facilities must consider such factors as tax-exempt status, unrelated business income, taxable subsidiaries, and public charity status. Other considerations include tax ramifications for physicians; tax shelter registration; certificate of need (CON), licensing, and building standards; effects on reimbursement and pension plans; organizational and bond documents; corporate medical practice and fee-splitting questions; and labor and contractual issues.

False Advertising and Antitrust Law: Sometimes the Twain Should Meet

OpenAIRE

Bruce Colbath; Nadezhda Nikonova

2014-01-01

Although it is easier to bring a false advertising claim under the Lanham Act than under the Sherman Act, the Lanham Act’s available remedies are not as robust. Bruce Colbath & Nadezhda Nikonova (Sheppard Mullin)

Competition Law, Antitrust Immunity and Profits : A Dynamic Panel Analysis

NARCIS (Netherlands)

Brouwer, E.; Ozbugday, F.C.

2011-01-01

This paper tests whether the transition from the old Economic Competition Act, which was based on the so-called "abuse system", to the new Competition Act, which was based on "prohibition system", in the Netherlands had an impact on the price-cost margins in manufacturing industries during the

Competition Law, Antitrust Immunity and Profits : A Dynamic Panel Analysis

NARCIS (Netherlands)

Brouwer, E.; Ozbugday, F.C.

2011-01-01

This paper tests whether the transition from the old Economic Competition Act, which was based on the so-called “abuse system”, to the new Competition Act, which was based on “prohibition system”, in the Netherlands had an impact on the price-cost margins in manufacturing industries during the

Competition Law and High-Tech Markets : Conventional Antitrust Thinking Revisited?

NARCIS (Netherlands)

Ilan, Y.

2007-01-01

Knowledge-based industries, often labelled 'high-technology' or 'new economy' have grown in economic significance over the past few decades and have dramatically changed our living standards. These markets typically possess a range of common characteristics, most notably globalisation of businesses,

Solar energy legal bibliography. Final report. [160 references

Energy Technology Data Exchange (ETDEWEB)

Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

1979-03-01

The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

Substantial criteria of decision of the communities in the selection of a network operator in energy-related concession agreements; Materiellrechtliche Entscheidungskriterien der Gemeinden bei der Auswahl des Netzbetreibers in energiewirtschaftlichen Konzessionsvertraegen

Energy Technology Data Exchange (ETDEWEB)

Buedenbender, Ulrich [Technische Univ. Dresden (Germany). Lehrstuhl fuer Buergerliches Recht, Energiewirtschaft und Arbeitsrecht

2011-07-01

In light of the local roads authority, the communities decide on which partner adopts the operation of the local distribution network for electricity and gas. The question of the selection criteria has been neglected largely. The author of the book under consideration analyzes the relevant issues in energy law and antitrust law including european legal and constitutional issues. Several aspects to be considered in the rightful selection of the concession contract partner are shown. Legal consequences of disregarding the legally prescribed selection criteria are discussed.

The Infectious Diseases Society of America Lyme guidelines: a cautionary tale about the development of clinical practice guidelines

Directory of Open Access Journals (Sweden)

Johnson Lorraine

2010-06-01

Full Text Available Abstract Flawed clinical practice guidelines may compromise patient care. Commercial conflicts of interest on panels that write treatment guidelines are particularly problematic, because panelists may have conflicting agendas that influence guideline recommendations. Historically, there has been no legal remedy for conflicts of interest on guidelines panels. However, in May 2008, the Attorney General of Connecticut concluded a ground-breaking antitrust investigation into the development of Lyme disease treatment guidelines by one of the largest medical societies in the United States, the Infectious Diseases Society of America (IDSA. Although the investigation found significant flaws in the IDSA guidelines development process, the subsequent review of the guidelines mandated by the settlement was compromised by a lack of impartiality at various stages of the IDSA review process. This article will examine the interplay between the recent calls for guidelines reform, the ethical canons of medicine, and due process considerations under antitrust laws as they apply to the formulation of the IDSA Lyme disease treatment guidelines. The article will also discuss pitfalls in the implementation of the IDSA antitrust settlement that should be avoided in the future.

What has changed in the 8th amendment of the GWB for the energy industry, water resource management and district heating industry?; Was aendert sich durch die 8. GWB-Novelle fuer die Energie-, Wasser- und Fernwaermewirtschaft?

Energy Technology Data Exchange (ETDEWEB)

Haellmigk, Christian F.; Pelka, Sascha C. [Sozietaet CMS Hasche Sigle, Stuttgart (Germany)

2013-01-15

Compared with the Restriction of Competition (GWB) in its actual version, the eighth amendment of the GWB provides modifications especially in the misuse control, in the fusion control, in the cartel regulation adversity law and sanctions with respect to the factual application areas of the GWB. Under this aspect, the authors of the contribution under consideration report on the modifications of the general antitrust regulations with special impacts on the energy industry, water resources management and district heating industry. Furthermore, the authors report on a prolongation of the special misuse control in the energy industry with respect to paragraph 29 GWB as well as on the transfer of the special antitrust misuse regulations for the water resource management. Innovations in the range of legal consequences of a violation of the GWB are presented.

Assessment of Innovation Effects of Mergers

OpenAIRE

Kern, Benjamin René

2015-01-01

Summary of Doctoral Dissertation Assessment of Innovation Effects of Mergers The adequate consideration of innovation effects of mergers in merger review was, and still is, one of the most controversially discussed issues between antitrust scholars. In this connection the question has been raised whether the traditional categories in competition law are sufficiently suitable for dealing with innovation aspects or whether new ...

Sobre la International Comity en el sistema de derecho internacional privado de los EE.UU

Directory of Open Access Journals (Sweden)

Francisco Javier Zamora Cabot

2010-01-01

Full Text Available The present Note makes a deep analysis of an important work published by Joel R. Paul in Law and Contemporary Problems about the "Transformation of International Comity". After completing the review of the historical study prepared by the above-mentioned author on the described subject, the Note offers after studying several judicial precedents dealing with antitrust matters, an alternative critique of the results derived from that historical study, in favor of the International Comity as a basic tool for the development of modern Private International Law.

Legal protection in the course and after the completion of procedures for awarding concessions in the energy management and water management; Rechtsschutz im Laufe und nach Beendigung des Konzessionsvergabeverfahrens in der Energie- und Wasserwirtschaft

Energy Technology Data Exchange (ETDEWEB)

Byok, Jan [Kanzlei Dr. Jan Byok, Duesseldorf (Germany); Dierkes, Mathias [Gelsenwasser AG, Recklinghausen (Germany)

2012-07-15

Water management concessions as well as energy management concessions are classified as service concessions or are treated in accordance to the principles of service concessions. The concessions are excluded from the regime of European procurement law and German antitrust law. Companies with an interest in a concession to be awarded are not situation without rights. Companies can review certain decisions judicially in connection with the awarding of concessions. The procedural question raises which legal process can be pursued in order to achieve an effective legal protection by the relevant interested party.

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

Coping With Concentration.

Science.gov (United States)

Greaney, Thomas L

2017-09-01

Provider market power is a powerful driver of high health care costs in the United States. Despite decades of antitrust litigation and regulatory interventions, the problem has worsened and threatens to undermine the benefits of market-based policies. A critical but neglected challenge for all health care reform proposals relying on market competition to address costs is finding effective tools to address the extant market power of dominant hospitals, hospital systems, and many specialty physician practices. This article analyzes the principal market-oriented approaches that have been used in the past and proposed for the future. It argues that antitrust law has an important but constrained role to play and has proved to be especially inept in dealing with extant market power. It finds serious deficiencies in the conduct decrees imposed by some courts and in open-ended regulatory regimes such as those established by Certificate of Public Advantage laws. Although not without administrative complications, policies that target providers who possess market power by capping prices may be the most effective means to control costs and retain the benefits of a competitive delivery system. Project HOPE—The People-to-People Health Foundation, Inc.

Anti-trust control of power prices; Kartellrechtliche Kontrolle von Strompreisen

Energy Technology Data Exchange (ETDEWEB)

Becker, Peter [Becker Buettner Held, Marburg (Germany)

2009-01-15

The European Commission (Bruessel, Belgium) intensively examined the question, whether electricity tariffs in Germany are formed abusively formed. For this, the centres of the four German energy utilities were examined in the year 2006. A billions-worth penalty against E.ON AG (Duesseldorf, Federal Republic of Germany) could be avoided, because E.ON AG committed itself to the sale of the high-voltage power supply grid and to the sale of power plant capacities. In the Federal Republic of Germany, only few things are done according to the control of electricity tariffs, although the legislator has given an incentive with paragraph 29 of the Law against Restraints of Competition. The author of the contribution under consideration examines the cartel law situation regarding to the price formation at the stock exchange and discusses an increased transparency.

The Influence of the Chicago School on the Commission's Guidelines, Notices and Block Exemption Regulations in EU Competition Policy

DEFF Research Database (Denmark)

Bartalevich, Dzmitry

2016-01-01

Antitrust rules are fundamentally informed and shaped by economic theories. Given the significance of EU competition policy for the European integration process, it is essential to disentangle the economic theories underlying EU competition law. There is abundant theoretical and empirical...... theory. The elements of the Chicago School theory hold strongest in vertical practices; they are somewhat weaker in horizontal practices and in unilateral exclusionary conduct....

More competition law-FRANDly IPR policies

DEFF Research Database (Denmark)

Kokoulina, Olga; Minssen, Timo

2016-01-01

user-generated internal IP policies of SSOs, i.e. to what extent they should be governed and constrained by the practice and recommendations of competition authorities. To this end, we start by examining the standard setting landscape in the ICT sector in section 1. Section 2 presents some challenges......The link between innovation and economic growth has been widely acknowledged. So it comes as no surprise that the promotion of innovation has become a priority of company strategies and government policies. A major regulatory challenge in this paradigm is to craft a well-balanced design...... towards more IP-specific antitrust analysis. Furthermore, chief economists of the EU Commission and the Federal Trade Commission (FTC) have recently made some proposals for possible reforms to the IPR policies of standard setting organizations (SSOs). In their article, they strongly emphasize the adverse...

Electricity and gas distribution networks in competition. At the same time a critical investigation of the legal regulation of the concession right in paragraph 46 EnWG; Strom- und Gasverteilnetze im Wettbewerb. Zugleich eine kritische Untersuchung zur gesetzlichen Regelung des Konzessionsrechts in paragraph 46 EnWG

Energy Technology Data Exchange (ETDEWEB)

Theobald, Christian; Templin, Wolf

2011-07-01

A functioning infrastructure has always been a prerequisite for economic and social development. But the local power supply is in an area of conflict between European law, energy law and antitrust rules. The municipalities engage in a periodic competition in order to guarantee a local network infrastructure. At the same time, an increasing political design intent of the citizens is loomed. Under this aspect, the authors of the contribution under consideration report on a critical, legal and in parts economic investigation of the existing legal framework for the operation of local electricity and gas distribution networks. In particular, the legal regulation of concession right in paragraph 46 EnWG (Energy Economic Law) is investigated.

Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

International Nuclear Information System (INIS)

Schneider, Matthias Werner

2015-01-01

The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

Business Law

DEFF Research Database (Denmark)

Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

The Leniency Agreement as Antitrust Guardianship instrument in Brazil Abrir no Google Tradutor Feedback Google Tradutor https://translate.google.com.br/?hl=pt-BR Inglês. Português. Espanhol. Detectar idioma. Português. Inglês. Espanhol. Traduzir texto ou ... Participe da comunidade do Google Tradutor. Google Tradutor ... Google Tradutor https://translate.google.com.br/?hl=pt-PT Inglês. Português. Francês. Detectar idioma. Português. Inglês. Francês. Traduzir texto ou página Web. Escreva texto ou o endereço de um Web site ou traduza ... Tradutor Inglês Português tradutor.babylon-software.com/ingles/portugues/ Tradutor Inglês para Português Gratuito da Babylon. Traduza Inglês Português ou simplesmente baixe o nosso dicionário de definições e traduções gratuito. Reverso | Tradução online grátis, dicionário www.reverso.net/text_translation.aspx?lang=PT Reverso.net: serviço de tradução gratuita em Inglês, Português, Francês, Espanhol, Italiano, Alemão, Russo, Hebraico, Chinês, Japonês. Tradutor Ingles Português www.tradutoringlesportugues.biz/ Tradutor Ingles Português livre, O tradutor traduz qualquer texto de Português para Inglês e de Inglês para Português. Tradutor Português-Inglês www.tradutor24x7.com/portugues/ingles/ Livre Português para a tradução Inglês. Traduzir Português para Inglês on-line gratuito. Tradutor Inglês-Português www.tradutor24x7.com/ingles/portugues/ Livre Inglês para a tradução Português. Traduzir Inglês para Português on-line gratuito. Tradutor Online, Tradutor Inglês Português - Guia de Mulher www.guiademulher.com.br/tradutor.htm Tradutor inglês português, tradutor online de textos do inglês para o português. Ferramenta de idiomas. Use aqui o tradutor do google. Dicionário Inglês-Português - Tradução - bab.la pt.bab.la/dicionario/ingles-portugues/ Pesquisar no dicionário Inglês-Português: Encontre uma tradução para português no dicionário de inglês gratuito do bab

Directory of Open Access Journals (Sweden)

José Maria Ramos

2016-06-01

Full Text Available The market economy countries have significant concerns with the restraint of trade, requiring constitute regulatory frameworks and mechanisms to protect economic competition, so that economic efficiency is governed by legislation determined by the State. To mitigate the problems arising from the formation of a cartel that prevent free competition, causing damage to the community, the Office of the leniency agreement arises, administered by the Board of Directors and Economic Defense - CADE - the body responsible for prevention and repression of offenses against economic order. The leniency agreement is one of the most effective tools used by antitrust authorities to provide effective enforcement of antitrust law as regards the repression of anti-competitive practices although there are some contradictions in the field of ethics. In fulfilling the leniency agreement, the proposing informer may have the extinction of the punitive action or reduction of one to two thirds of the penalty applicable at the administrative level and in the criminal context, automatically terminate the punishment of crimes against the economic order.

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

Environmental law

International Nuclear Information System (INIS)

Bender, B.; Sparwasser, R.

1988-01-01

Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

HOSPITAL ADVERTISING IN THE BEGINNING: MARKETPLACE DYNAMICS AND THE LIFTING OF THE BAN

OpenAIRE

Lauren Strach

2004-01-01

The beginning of the hospital advertising industry followed the successful Federal Trade Commission’s application of the antitrust laws to healthcare, fully opening the competitive floodgates. The 1982 Supreme Court decision, upholding the FTC petition, triggered the start of a new era of advertising—hospital advertising. This paper will examine the unique qualities of this service industry that challenged marketers; the turbulent industry environment of the 1980’s with the introduction of ne...

Research Overview and Analysis.

Science.gov (United States)

1982-04-01

infrastructure in place to respond to the increases. The apparent dichotomy between the firm or industry stating a desire for more metric standards and the...forces during the proposed transition period: (5) the military advanatages expected following transition are the day-to- day use of an inherently simpler...favor the competitive position of certain participants over that of others. Within the restrictions of the antitrust laws, this is part of the market

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

Essential Inputs and Antitrust Barriers in the Mexican Economic Competition Regime

OpenAIRE

Victor Pavon-Villamayor

2014-01-01

According to the new law, a barrier to competition and free entry is also, literally, anything that limits or distorts the process of competition and free entry. Víctor Pavón-Villamayor (Oxford Competition Economics)

ExtLaw_H18: Extinction law code

Science.gov (United States)

Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

2018-03-01

ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

DEFF Research Database (Denmark)

Clausen, Nis Jul

2011-01-01

The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

Antitrust v. Anti-Corruption Policy Approaches to Compliance: Why Such A Gap?

OpenAIRE

Florence Thepot

2015-01-01

Different liability regimes may explain why, in some jurisdictions, competition law and anti-corruption agencies have very contrasted approaches to compliance programs. Florence Thépot (University College London)

Criminal Law

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Internationalization of law globalization, international law and complexity

CERN Document Server

Dias Varella, Marcelo

2014-01-01

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

La validez del Manual de Buenas Prácticas Comerciales para el Sector de los Supermercados y/o Similares y sus Proveedores de la Superintendencia de Control del Poder de Mercado

OpenAIRE

Cordero Cuesta, Ana Belén

2016-01-01

This academic work aims to solve the legal problematic towards the Manual de Buenas Prácticas Comerciales para el Sector de Supermercados y Proveedores legal efectiveness. Subjects such as legal capacity to legislate non technical laws, Superintendencia del Control de Poder de Mercado and Junta de Regulación´s (Antitrust Authorities) legal capacity and legal remedies in order to reestablish the legal equilibrium among others themes are adressed here. El presente trabajo aborda la problema ...

Case - Case-Law - Law

DEFF Research Database (Denmark)

Sadl, Urska

2013-01-01

Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

Health care law versus constitutional law.

Science.gov (United States)

Hall, Mark A

2013-04-01

National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

Environmental law

International Nuclear Information System (INIS)

Anon.

1980-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

The Delinquencies of Juvenile Law: A Natural Law Analysis

Directory of Open Access Journals (Sweden)

Ellis Washington

2010-07-01

Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

The incorporation of public international law into municipal law and ...

African Journals Online (AJOL)

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

Market delineation and system competition. The 'Bedarfsmarktkonzept' on trial; Marktabgrenzung und Systemwettbewerb. Das Bedarfsmarktkonzept auf dem Pruefstand

Energy Technology Data Exchange (ETDEWEB)

Vahrenholt, Oliver

2011-07-01

The fundamental research question of this thesis is whether, and under conditions, competitive constraints arising out of competition between systems should be reflected in antitrust market delineation. In order to answer this question, it is necessary to understand the function of market delineation in antitrust law. This is the first research question the thesis addresses. The function of market delineation is intrinsically tied to the concept of market power. Market power and its possible negative effects on total welfare and especially on consumer welfare serve as the central legitimation for governmental intervention into the free play of market forces. In order to see how system competition fits into this free play of market forces and how market power can be established in light of these constraining forces, the central economic mechanism of system competition have to be understood. This leads to the second research question to be answered by this dissertation. The final, central question raised and answered in this thesis is how can market delineation perform its task in the presence of system competition forces, and which concepts are most suitable for accomplishing this end. A concrete concept - devised for the needs of ''everyday'' antitrust practice - is given at the end of this work. And, with this concept, the research goal is achieved: to constructively criticize the Bedarfsmarktkonzept as a market delineation instrument in cases of system competition.

International law

CERN Document Server

Shaw, Malcolm N

2017-01-01

International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

Legal and economic implications of the competition policy of the Federal Cartel Office for the public sector of the power supply industry

International Nuclear Information System (INIS)

Hartmann, U.

1994-01-01

The German gas industry defends itself against the planned amendments of the German Energy Act and the Antitrust Law, objections being based on energy, environmental and regulatory considerations. The amendments most under debate are intended to discontinue demarcation agreements among suppliers, and to establish mandatory Third Party Access. The author's concluding statement is that the gas industry cannot see the point in the Government's move to prescribe such a (probably lethal) medicine to a flourishing branch of industry. (orig./HSCH) [de

The Existence of Customary Law in the Polemics of Positive Law – a Study From the Perspective of Constitutional Law

OpenAIRE

Saleh, M

2013-01-01

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

Europeanisation of private law and English law

OpenAIRE

Beale, Hugh

2003-01-01

To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

Law Commissions – What is the essence of their law reform role?

Directory of Open Access Journals (Sweden)

Neil Faris

2014-10-01

Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

NARCIS (Netherlands)

Blois, M. de

2010-01-01

The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

Is Law science? | Roos | Potchefstroom Electronic Law Journal ...

African Journals Online (AJOL)

The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...

Imunidade antitruste às Ações Governamentais no contexto da desregulação do setor de telecomunicações: uma análise a partir do julgamento do caso VU-M pelo CADE

Directory of Open Access Journals (Sweden)

Deborah Batista Caixeta

2014-05-01

Full Text Available Propósito – O objetivo deste ensaio é examinar a postura adotada pelo CADE com relação às medidas regulatórias adotadas pela ANATEL na fixação do valor de interconexão de rede (VU-M, sob a perspectiva da State Action Doctrine no contexto da desregulação do setor de telecomunicações. Metodologia/abordagem/design – O texto propõe uma abordagem relativa às teorias de desregulação do setor de telecomunicações e o impacto que as decisões da autoridade antitruste de isenção concorrencial possuem neste movimento, a partir da análise do caso VU-M recentemente julgado pelo CADE. Resultados – A concessão de isenções antitruste pelo CADE ainda parece seguir a tradicional aplicação da State Action Doctrine centrada na teoria regulatória do interesse público e, consequentemente, a extrema confiança na atuação da agência acaba dificultando o processo de desregulação, principalmente no setor de telecomunicações, notadamente marcado pela antiga estrutura regulatória oligopolista. Implicações práticas – Busca-se, por meio desta análise crítica, oferecer uma abordagem introdutória que possa ser aplicada posteriormente para rediscutir os limites de aplicação da lei de defesa da concorrência a situações acobertadas por medidas regulatórias setoriais. Originalidade/relevância do texto – O ensaio identifica os elementos que se aplicam na dinâmica de interação entre regulação concorrencial e a regulação setorial, a ponto de permitir que a tradicional estrutura de aplicação das normas de concorrência a estes setores possa ser redesenhada para incorporar os objetivos perseguidos pelo movimento de desregulação, no caso, do setor de telecomunicações.

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

Comparative law as method and the method of comparative law

NARCIS (Netherlands)

Hage, J.C.; Adams, M.; Heirbaut, D.

2014-01-01

This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

CATEGORY OF CIRCUMVENTION OF THE LAW IN RUSSIAN CIVIL LAW

OpenAIRE

Kamyshanskiy V. P.

2014-01-01

This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

Directory of Open Access Journals (Sweden)

Yeni Salma Barlinti

2011-01-01

Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

41 CFR 102-38.325 - What are the requirements pertaining to antitrust laws?

Science.gov (United States)

2010-07-01

... fair market value of $3 million or more or if the sale involves a patent, process, technique, or... to whether the sale would give the buyer an unfair advantage in the marketplace and violate any...

Analysis of the Properties of Current Penalty Schemes for Violations of Antitrust Law

NARCIS (Netherlands)

Motchenkova, E.; Kort, P.M.

2004-01-01

The main feature of the penalty schemes described in current sentencing guidelines is that the fine is based on the accumulated gains from cartel or price-fixing activities for the firm.These gains are usually difficult to estimate, but they can be approximated by a fraction of the turnover.The

RUSSIAN LAW SUBJECTS

Directory of Open Access Journals (Sweden)

D.N. Bakhrakh

2006-03-01

Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

China's Juvenile Delinquency Prevention Law: the law and the philosophy.

Science.gov (United States)

Lening Zhang; Jianhong Liu

2007-10-01

The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.

Lindy's Law

Science.gov (United States)

Eliazar, Iddo

2017-11-01

Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1991-01-01

The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1988-01-01

The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1989-01-01

The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

Investigating Coulomb's Law.

Science.gov (United States)

Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

1998-01-01

Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

Recent Case Law

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2004-01-01

In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

Directory of Open Access Journals (Sweden)

Elena IFTIME

2014-06-01

Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

Hubble's Law Implies Benford's Law for Distances to Galaxies ...

Indian Academy of Sciences (India)

in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Con- versely, with the logical derivation of this law presented here, the recent empirical observations may beviewed as independent evidence of the validity of Hubble's law. Key words.

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

District heating systems between competition protection and climate protection; Die Fernwaermenetze zwischen Wettbewerbs- und Klimaschutz

Energy Technology Data Exchange (ETDEWEB)

Koerber, Torsten [Goettingen Univ. (Germany). Lehrstuhl fuer Buergerliches Recht, Kartellrecht, Versicherungs-, Gesellschafts- und Regulierungsrecht

2012-10-15

In principle, district heating systems come in the application area of paragraph 19 sect. 4 no. 4 GWB (law against competitive restrictions). However, this regulation has to be interpreted with respect to the legislation of the Court of Justice of the European Union (Luxemburg) to 'essential facilities'. According to this, the claim for antitrust access can be affirmed only in exceptional circumstances. Within the application of this regulation, property rights, competition protection, investment competition, innovation competition as well as energy political evaluations of the energy law under special consideration of ecologic and climate political targets are considered. This has to occur within the testing of the reasonability with respect to paragraph 19 sect. 4 no. 2 GWB. The particularities of the district heating.

THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

Directory of Open Access Journals (Sweden)

Krismiyarsi Krismiyarsi

2015-06-01

Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

Harmonising the Fragmented Law of Transport Through Soft Law?

NARCIS (Netherlands)

F.G.M. Smeele (Frank)

2016-01-01

textabstractThis contribution raises the question of whether it is possible to bridge the divide between the various unimodal regimes and to develop a general law of transport. It explores also the role that soft law, such as in the form of a project to draw up Principles of Transport Contract Law,

Law behind second law of thermodynamics - unification with cosmology

International Nuclear Information System (INIS)

Nielsen, Holger B.; Ninomiya, Masao

2006-01-01

In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for 'initial conditions'. We propose a unification with the other laws by requiring similar symmetry and locality properties

State aid in the EU law and national law

Directory of Open Access Journals (Sweden)

Divljak Drago

2011-01-01

Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

The Three Laws of Thought, Plus One: The Law of Comparisons

Directory of Open Access Journals (Sweden)

Thomas L. Saaty

2014-02-01

Full Text Available The rules of logic are nearly 2500 years old and date back to Plato and Aristotle who set down the three laws of thought: identity, non-contradiction, and excluded middle. The use of language and logic has been adequate for us to develop mathematics, prove theorems, and create scientific knowledge. However, the laws of thought are incomplete. We need to extend our logical system by adding to the very old laws of thought an essential yet poorly understood law. It is a necessary law of thought that resides in our biology even deeper than the other three laws. It is related to the rudiments of how we as living beings, and even nonliving things, respond to influences as stimuli. It helps us discriminate between being ourselves and sensing that there is something else that is not ourselves that even amoebas seem to know. It is the intrinsic ability to sense and distinguish. This fourth law is the law of comparisons. Although it has been missing from our logical deductions it underlies the other three laws of thought because without it we cannot know what is and what is not.

Scaling laws for fractional Brownian motion with power-law clock

International Nuclear Information System (INIS)

O'Malley, Daniel; Cushman, John H; Johnson, Graham

2011-01-01

We study the mean first passage time (MFPT) for fractional Brownian motion (fBm) in a finite interval with absorbing boundaries at each end. Analytical arguments are used to suggest a simple scaling law for the MFPT and numerical experiments are performed to verify its accuracy. The same approach is used to derive a scaling law for fBm with a power-law clock (fBm-plc). The MFPT scaling laws are employed to develop scaling laws for the finite-size Lyapunov exponent (FSLE) of fBm and fBm-plc. We apply these results to diffusion of a large polymer in a region with absorbing boundaries. (letter)

Tax Law System

Science.gov (United States)

Tsindeliani, Imeda A.

2016-01-01

The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

Nuclear law and law of the sea - a synthesis

International Nuclear Information System (INIS)

Courteix, S.

1976-01-01

The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.) [fr

Economic and legal aspects of utility consortiums for heliostat purchase

Energy Technology Data Exchange (ETDEWEB)

Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

1982-07-01

A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

THE FOOD AND AGRICULTURAL GLOBAL CARTELS OF THE 1990s: OVERVIEW AND UPDATE

OpenAIRE

John M. Connor

2002-01-01

“Greed is good.” --Gordon Gecko in Wall Street (1987) “Greed Is Bad.”--Paul Krugman, The New York Times, June 4, 2002 “For many years, Archer Daniels Midland Co.’s philosophy of customer relations could be summed up by a quote from former ADM President James Randall: ‘Our competitors are out friends. Our customers are the enemy.’ This motto animated the company’s business dealings and ultimately led to blatant violations of U.S. antitrust law, a guilty plea and a staggering criminal fine agai...

S.790: This Act may be cited as the Motor Fuel Consumer Protection Act of 1991, introduced in the Senate of the United States, One Hundred Second Congress, First Session, April 9, 1991

International Nuclear Information System (INIS)

Anon.

1991-01-01

This bill would amend the antitrust laws in order to preserve and promote wholesale and retail competition in the retail gasoline market. The bill describes limits on the ownership and operation of service stations. The main provision is the it shall be unlawful for any producer or refiner to require any retail motor fuel dealer to purchase more than 70% of the monthly retail sales of motor fuel from such refiner or producer. Motor fuel refers to gasoline, diesel fuel, alcohol, or any mixture of these sold for use in automobiles and related vehicles

Energy policy of Lower Saxony

International Nuclear Information System (INIS)

Hirche, W.

1988-01-01

The government of the Land Lower Saxony in February 1988 submitted a new energy programme intended to define the energy-political boundary data for energy industry and energy consumers, and to bring about the broadest possible consensus for the implementation of this energy policy between politicians, the energy industry and the population. The Minister of Economy of Lower Saxony in his statement refers particularly to the topics nuclear energy and coal, renewable energies, structure of areas to be supplied with energy, and considerations relating to a revision of the antitrust laws. (orig.) [de

Religious law versus secular law
The example of the get refusal in Dutch, English and Israeli law

Directory of Open Access Journals (Sweden)

Matthijs de Blois

2010-06-01

Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

Law Enforcement Locations

Data.gov (United States)

Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

A Law of Physics in the Classroom: The Case of Ohm's Law

Science.gov (United States)

Kipnis, Nahum

2009-01-01

Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Demonstrating the Gas Laws.

Science.gov (United States)

Holko, David A.

1982-01-01

Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

Tilsynsdiamanten i spændingsfeltet mellem soft law og hard law

DEFF Research Database (Denmark)

Rasmussen, Niels Skovmand

2013-01-01

Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law.......Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law....

Law before Gratian: Law in Western Europe c. 500-1100

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Analysis of binding delivery agreements in electricity supply contracts from the angle of German and EC antitrust law; Die Beurteilung von Bezugsbindungen in Elektrizitaetsliefervertraegen nach deutschem und EG-Kartellrecht

Energy Technology Data Exchange (ETDEWEB)

Scholz, U.

1998-12-31

Binding delivery agreements in the form of contractual clauses determining exclusive total or partial coverage of electricity demand, take-or-pay contracts, or minimum purchase quota, are standard provisions of energy supply contracts concluded in order to ensure amortization of earlier commitments such as investment or other obligations. In the wake of the recent amendment of the German energy industry law for implementation of the deregulation of electricity markets in EU Member States, those agreements have become items of concern in the eyes of the cartel authority. In Germany, where utilities as from 1990 had to invest particularly strongly into the modernisation of existing power plants and distribution systems in the eastern parts of the country, review of the legality of those agreements touches upon vital interests of the electric power industry. The article here examines the situation with reference to EU legislation and the German law against restraints on competition (GWB). (orig./CB) [Deutsch] Bezugsbindungen in Gestalt von Gesamt- oder Teilbedarfsdeckungsklauseln, Take-or-Pay-Verpflichtungen oder Mindestbezugspflichten sind regelmaessig Bestandteile von Elektrizitaetsliefervertraegen, die zum einen der Amortisation bereits getaetigter Investitionen sowie eingegangener Verpflichtungen dienen. Insbesondere nach der Reform des deutschen Energiewirtschaftsrechts gewinnt die Frage der kartellrechtlichen Zulaessigkeit von Bezugsbindungen besondere Relevanz. Nicht zuletzt vor dem Hintergrund der besonders kapitalintensiven Investitionen zur Modernisierung der ostdeutschen Elektrizitaetsversorgung stellt sich daher die Frage, ob und inwieweit Bezugsbindungen nach der Aenderung des rechtlichen Ordnungsrahmens in der leitungsgebundenen Energieversorgung zulaessig sind. Der rechtliche Rahmen fuer die Beurteilung der Zulaessigkeit von Bezugsbindungen wird insbesondere durch die EU-Wettbewerbsregeln sowie die Bestimmungen des GWB gebildet. (orig.)

Pollution law

International Nuclear Information System (INIS)

Triffterer, O.

1980-01-01

In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

OpenAIRE

KOZYRIN A.N.; TROSHKINA TATYANA

2017-01-01

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

The criminal law responsibility of officials under environmental criminal law

International Nuclear Information System (INIS)

Winkelbauer, W.

1986-01-01

The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

Unjust enrichment in business law

OpenAIRE

Vydrová, Zuzana

2016-01-01

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...

Overcoming the hard law/soft law dichotomy in times of (financial crises

Directory of Open Access Journals (Sweden)

Rolf H. Weber

2012-03-01

Full Text Available Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are organizational issues, transparency requirements, and dispute settlement mechanisms.

The law applicable to environmental damage in European private international law

Directory of Open Access Journals (Sweden)

Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

UNCLOS and International Law

DEFF Research Database (Denmark)

Martinez Romera, Beatriz; Coelho, Nelson F.

2018-01-01

, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

The French nuclear law

International Nuclear Information System (INIS)

Ito, Hiroshi

2013-01-01

The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Alina Leția

2013-11-01

Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

Ohm's Law, Kirchoff's Law and the Drunkard's Walk

Indian Academy of Sciences (India)

Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk Related Electrical Networks. Rahul Roy. General Article Volume 2 Issue 11 November 1997 pp 36-47. Fulltext. Click here to view fulltext PDF. Permanent link:

Transnational Constitutional Law

NARCIS (Netherlands)

Zumbansen, P (Peer); K.I. Bhatt (Kinnari)

2018-01-01

textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its

LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

is still on the increase.8 It is forecast that the world will face a 40 per cent .... the legal context entails.27 Renowned property law scholars, like Underkuffler, argue ..... operation of law.53 The classic examples of Roman law res publicae were ...

The sources of the specificity of nuclear law and environmental law

International Nuclear Information System (INIS)

Rainaud, J.M.; Cristini, R.

1983-01-01

This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

View points on a not well known law, the nuclear law

International Nuclear Information System (INIS)

Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

2018-01-01

While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

NARCIS (Netherlands)

Leenes, R.E.; Lucivero, F.

2015-01-01

Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of

Outlines of environmental Law

International Nuclear Information System (INIS)

Salzwedel, J.

1982-01-01

In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

European tax law

NARCIS (Netherlands)

Terra, B.J.M.; Wattel, P.J.

2008-01-01

This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

EU international family law: Legal basis, sources, case law of ECJ

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2012-01-01

Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

The international law commission and international environmental law

International Nuclear Information System (INIS)

Ramcharan, B.G.

1975-01-01

If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

Law before Gratian

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Zipf's law, power laws and maximum entropy

International Nuclear Information System (INIS)

Visser, Matt

2013-01-01

Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

Divorce by consent in Roman law and contemporary law

OpenAIRE

Ignjatović Marija; Kitanović Tanja

2013-01-01

The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines th...

Property law in Jersey

OpenAIRE

MacLeod, Rebecca Frances

2012-01-01

Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

DEFF Research Database (Denmark)

Marchuk, Iryna

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

Operational Law Handbook,2007

National Research Council Canada - National Science Library

2007-01-01

...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

Islamic Law

Directory of Open Access Journals (Sweden)

Doranda Maracineanu

2009-06-01

Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

Teaching Human Rights Law.

Science.gov (United States)

Berman, Howard R.

1985-01-01

The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

Stochastic model of Zipf's law and the universality of the power-law exponent.

Science.gov (United States)

Yamamoto, Ken

2014-04-01

We propose a stochastic model of Zipf's law, namely a power-law relation between rank and size, and clarify as to why a specific value of its power-law exponent is quite universal. We focus on the successive total of a multiplicative stochastic process. By employing properties of a well-known stochastic process, we concisely show that the successive total follows a stationary power-law distribution, which is directly related to Zipf's law. The formula of the power-law exponent is also derived. Finally, we conclude that the universality of the rank-size exponent is brought about by symmetry between an increase and a decrease in the random growth rate.

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Nuclear Law

International Nuclear Information System (INIS)

Pascal, Maurice.

1979-01-01

This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

Gemachtes Recht - gegebenes Recht / Made Law - Given Law

Directory of Open Access Journals (Sweden)

Lorenz Engi

2007-08-01

Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.

Boosting INPO's programs with supplier know-how

International Nuclear Information System (INIS)

Matson, B.

1984-01-01

Nuclear industry suppliers, such as Stone and Webster and Babcock and Wilcox, are key participants in the Institute of Nuclear Power Operators (INPO) effort to promote technical information exchanges throughout the industry and to contribute to INPO training programs. Suppliers have 21 employees on loan to the Institute, although steps must be taken to protect proprietary information and to avoid breaking antitrust laws. Among the NUCLEAR NETWORK programs using supplier expertise is the Significant Event Evaluation and Information Network (SEE-IN), which reviews important reports involving their products. Suppliers benefit by observing evaluation teams at construction sites and plant start-ups

Private financing and operation of a space station: Investment requirements, risk, government support and other primary business management considerations

Science.gov (United States)

Simon, M.

1982-01-01

Private investment in a manned space station is considered as an alternative to complete government sponsorship of such a program. The implications of manned space operations are discussed from a business perspective. The most significant problems and risks which would be faced by a private company involved in a space station enterprise are outlined and possible government roles in helping to overcome these difficulties suggested. Economic factors such as inflation and the rate of interest are of primary concern, but less obvious conditions such as antitrust and appropriate regulatory laws, government appropriations for space activities, and national security are also considered.

The Essential Elements of Corporate Law. What is Corporate Law?

OpenAIRE

Armour, John; Hansmann, Henry; Kraakman, Reinier

2017-01-01

This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, w...

«I speak generally of Law». Law, Laws and Courts in the Dialogue of Thomas Hobbes

Directory of Open Access Journals (Sweden)

Mario Piccinini

2014-12-01

Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.

Law 20-30: Teacher Resource Manual.

Science.gov (United States)

King, John; Jackson, Landis

Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

Directory of Open Access Journals (Sweden)

Mirosław Bączyk

2015-06-01

Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

Directory of Open Access Journals (Sweden)

Abdullah Gofar

2017-07-01

Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

Rhetoric in Law

DEFF Research Database (Denmark)

Gabrielsen, Jonas

The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

Object-Oriented Bayesian Networks for a Decision Support System

OpenAIRE

Julia Mortera; Paola Vicard; Cecilia Vergari

2012-01-01

We study an economic decision problem where the actors are two rms and the Antitrust Authority whose main task is to monitor and prevent rms potential anti-competitive behaviour. The Antitrust Au- thority's decision process is modelled using a Bayesian network whose relational structure and parameters are estimated from data provided by the Authority itself. Several economic variables in uencing this de- cision process are included in the model. We analyse how monitoring by the Antitrust Auth...

The Gauss and Ampere laws: different laws but similar difficulties for student learning

International Nuclear Information System (INIS)

Guisasola, Jenaro; AlmudI, Jose M; Zuza, Kristina; Ceberio, Mikel; Salinas, Julia

2008-01-01

This study aims to analyse university students' reasoning regarding two laws of electromagnetism: Gauss's law and Ampere's law. It has been supposed that the problems seen in understanding and applying both laws do not spring from students' misconceptions. Students habitually use reasoning known in the literature as 'common sense' methodology that leads to incorrect forms of reasoning. To test our hypothesis, questionnaires were designed emphasizing explanations. The results obtained show the low level of students' reasoning in both electricity and magnetism in terms of Gauss's and Ampere's laws

Ulpian's Appeal to Nature : Roman Law as Universal Law

NARCIS (Netherlands)

Brouwer, René

2015-01-01

In this paper I argue that against the political and perhaps even religiously motivated background of the Constitutio Antoniniana, in order to further enhance the appeal of Roman law, Ulpian seeks to connect law and nature by using Stoic terminology. However, his usage of this terminology is

Case law

International Nuclear Information System (INIS)

2016-01-01

This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

Divorce by consent in Roman law and contemporary law

Directory of Open Access Journals (Sweden)

Ignjatović Marija

2013-01-01

Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

The rule of law

Directory of Open Access Journals (Sweden)

Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

Muslim personal law and the meaning of "law" in the South African and Indian constitutions

Directory of Open Access Journals (Sweden)

C Rautenbach

1999-12-01

Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are

New Russian law

International Nuclear Information System (INIS)

Anon.

1996-01-01

The information about the Russian Federation law dealing with population radiation safety signed by the President in January 1996 is given. The law is based on a new strategy of radiation protection including the mean efficient dose from all ionizing radiation sources as the main factor for evaluation of the safe level for the population. The norms stated in the law will become valid from January 1, 2000

The Practice of Transnational Law

CERN Document Server

2000-01-01

Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

A common law agenda for labour law

OpenAIRE

Hough, Barry; Spowart-Taylor, Ann

1999-01-01

This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...

Law, Marxism and Method

Directory of Open Access Journals (Sweden)

Paul O'Connell

2018-05-01

Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

Theoretical disagreement about law

Directory of Open Access Journals (Sweden)

Zdravković Miloš

2014-01-01

Full Text Available As the dominant direction of the study of legal phenomena, legal positivism has suffered criticisms above all from representatives of natural law. Nevertheless, the most complex criticism of legal positivism came from Ronald Dworkin. With the methodological criticism he formed in 'Law's Empire', Dworkin attacked the sole foundations of legal positivism and his main methodological assumptions. Quoting the first postulate of positivism, which understands the law as a fact, Dworkin claims that, if this comprehension is correct, there could be no dispute among jurists concerning the law, except if some of them make an empirical mistake while establishing facts. Since this is not the case, Dworkin proves that this is actually a theoretical disagreement which does not represent a disagreement about the law itself, but about its morality. On these grounds, he rejects the idea of law as a fact and claims that the law is an interpretive notion, which means that disagreements within jurisprudence are most frequently interpretative disagreements over criteria of legality, and not empirical disagreements over historic and social facts.

KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

Directory of Open Access Journals (Sweden)

Made Hendra Wijaya

2013-11-01

Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

Extent of availability and utilization of law reports by law students in ...

African Journals Online (AJOL)

This study investigates the extent of availability and utilization of law reports by final year lawstudents in the Universities of Uyo and Calabar law libraries. Survey research design was adopted for the study. A total of 450 under graduate final year Law students projects were examined to determine thefrequencyofcitations of ...

Environmental law - the question of a systematization and codification of environmental law in Austria

International Nuclear Information System (INIS)

Chiu Yen-Lin, A.

2000-04-01

In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

Transnational Constitutional Law

OpenAIRE

Zumbansen, P (Peer); Bhatt, Kinnari

2018-01-01

textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...

Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law

NARCIS (Netherlands)

Nicolosi, S.

2016-01-01

The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Law 302.

Science.gov (United States)

Manitoba Dept. of Education, Winnipeg.

This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

Conflict-of-Laws Rules in System of Precepts of Law

Directory of Open Access Journals (Sweden)

Victoria A. Kosovskaya

2016-06-01

Full Text Available In the present article author has considered features of conflict-of-laws rules as the special norms allowing to resolve a conflict question by means of the choice of applicable law. The structure of conflict norm is analysed. Difficulties in use of such specific norms having referential character are revealed and also possible ways of their overcoming are shown. In the conclusion the author emphasizes that presence of a foreign element demands use of the special social mechanism of regulation which is mediated through conflict-of-laws rules.

Environmental law in Denmark

DEFF Research Database (Denmark)

Basse, Ellen Margrethe

Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

Approaching comparative company law

OpenAIRE

Donald, David C.

2008-01-01

This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative ...

On crystallization of law

Directory of Open Access Journals (Sweden)

Szmodis Jenő

2014-01-01

Full Text Available The article introduces the problem of autonomy of law. The paper examines the medieval origins of legal positivism from a historical approach, sketching the main theories concerning the emergence of law, and phrasing some preliminary consideration for a historical and philosophical view of the problem of the birth of law. As a result of reasoning the article suggests some legal historical and human ethological ideas relating to the phenomena of crystallization of the law.

Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

Science.gov (United States)

Waxman, Michael P.

2001-01-01

Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

Environmental law. 3. rev. ed.

International Nuclear Information System (INIS)

Anon.

1985-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

EEG. Renewables Act. Comment. 4. new rev. and enl. ed.

International Nuclear Information System (INIS)

Frenz, Walter; Cosack, Tilman

2015-01-01

Unlike any other Act, the Renewable Energy Sources Act (EEG) changes continuously. Recently it has been fundamentally transformed with the amendment 2014. Comprehensive, readable and practice-oriented. The proven Berliner comment EEG is your reliable companion through the new regulatory regime. All provisions of the EEG 2014 thorough and easy to understand commented by experts of the matter. 2. The EEG Amending Act of 29.6.2015 has already been considered. A detailed introduction and contributions to the relevant European law and the antitrust aspects of the renewable energy sources to guarantee you a broad understanding of the rules. Valuable background information you provide, the digressions of the most important renewable energy technologies, will explain the pictures thanks to numerous the scientific and technical foundations. Moreover you the construction law aspects in the construction of photovoltaic and wind turbines are explained clearly. [de

Enjoying the Law

DEFF Research Database (Denmark)

Bjerre, Henrik Jøker

2005-01-01

of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

Community Notification Laws

National Research Council Canada - National Science Library

Speck, Michael B

2007-01-01

.... Furthermore, a false sense of security and reductions in incest reporting continue to victimize children, which results in further sex offender laws passed by legislatures without empirical data supporting such laws...

Distinguishing Between Private Law and Social-Security Law in ...

African Journals Online (AJOL)

This article attempts to highlight the potential danger in applying private-law principles to social-security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue comes to the fore where a damage-causing event, such as death, sets into motion a system that provides for ...

Power-law versus log-law in wall-bounded turbulence: A large-eddy simulation perspective

Science.gov (United States)

Cheng, W.; Samtaney, R.

2014-01-01

The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo ["Zero-pressure-gradient turbulent boundary layer," Appl. Mech. Rev. 50, 689 (1997)]). Comparison of LES results for Reθ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.

Power-law versus log-law in wall-bounded turbulence: A large-eddy simulation perspective

KAUST Repository

Cheng, W.

2014-01-29

The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo [“Zero-pressure-gradient turbulent boundary layer,” Appl. Mech. Rev.50, 689 (1997)]). Comparison of LES results for Re θ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.

Important characteristics and constitutional law basis of the optional instrument for European contract law

Directory of Open Access Journals (Sweden)

Silvija Petrić

2009-01-01

Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

The laws of sociodynamics

OpenAIRE

Movsesyan, Arsen A.

2015-01-01

The purpose of this article is to tell briefly about the newly discovered fundamental Laws of Sociodynamics, which are the driving force of the evolution of society and the determining factor of world historic process. Based on the principle of symmetry of the laws of nature the relationship between the Laws of Thermodynamics and Sociodynamics is shown, due to which the fifth Law of Thermodynamics has been formulated. In doing so the objectivity of the concept of «spirituality» has been subst...

The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

International Nuclear Information System (INIS)

Peters, H.J.

1995-01-01

The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [de

Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's ...

Indian Academy of Sciences (India)

Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 12. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's Walk. Rahul Roy. General Article Volume 2 Issue 12 December 1997 pp 33-38. Fulltext. Click here to view fulltext PDF. Permanent link:

Towards a European contract law

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

Nuclear security and law

International Nuclear Information System (INIS)

Gozal, Y.

1999-01-01

The aim of this study is to show that the classical distinction between the military nuclear law and the civil nuclear law is outdated. The technologies are dual and might be misused from a pacific to a military goal. The central element of the nuclear law is thus the integration of the safety rules: the nuclear risk being universal, it has created an universal law (first part) that reflects our scientific knowledge and might thus evaluate. This universal law has been a factor of nuclear security (part 2), as in 50 years, there had been only one major nuclear accident and no nuclear conflict. The horizontal proliferation has been limited and the international community has understood that time had come to reduce our arsenals. (author)

Civil Law Glossary.

Science.gov (United States)

Update on Law-Related Education, 1997

1997-01-01

Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

Business and human rights: from soft law to hard law?

Directory of Open Access Journals (Sweden)

Ramona Elisabeta Cîrlig

2016-12-01

Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

OpenAIRE

Éva ERDÕS

2011-01-01

This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

Russian Contract Law for Foreigners

Directory of Open Access Journals (Sweden)

Andrey Shirvindt

2015-01-01

Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

By Law Established

DEFF Research Database (Denmark)

Christoffersen, Lisbet

2017-01-01

An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...

European contract law and the capabilities approach: on distributive responsibility for contract law

NARCIS (Netherlands)

Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.

2012-01-01

This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.

Contract law as fairness

NARCIS (Netherlands)

Klijnsma, J.

2015-01-01

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

The trespasses of property law.

Science.gov (United States)

Wall, Jesse

2014-01-01

The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

Power Laws are Disguised Boltzmann Laws

Science.gov (United States)

Richmond, Peter; Solomon, Sorin

Using a previously introduced model on generalized Lotka-Volterra dynamics together with some recent results for the solution of generalized Langevin equations, we derive analytically the equilibrium mean field solution for the probability distribution of wealth and show that it has two characteristic regimes. For large values of wealth, it takes the form of a Pareto style power law. For small values of wealth, wGeneralized Lotka-Volterra type of stochastic dynamics. The power law that arises in the distribution function is identified with new additional logarithmic terms in the familiar Boltzmann distribution function for the system. These are a direct consequence of the multiplicative stochastic dynamics and are absent for the usual additive stochastic processes.

Is Contract Law Necessary?

OpenAIRE

SCHWARTZ, Alan

2010-01-01

This lecture was delivered on 17 March 2010. Alan Schwartz, Sterling Professor of Law; Professor of Management, Yale University This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of...

Evaluation of Iowa's anti-bullying law.

Science.gov (United States)

Ramirez, Marizen; Ten Eyck, Patrick; Peek-Asa, Corinne; Onwuachi-Willig, Angela; Cavanaugh, Joseph E

2016-12-01

Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa's anti-bullying law in preventing bullying and improving teacher response to bullying. Sixth, 8th, and 11th grade children who completed the 2005, 2008 and 2010 Iowa Youth Survey were included in this study (n = 253,000). Students were coded according to exposure to the law: pre-law for 2005 survey data, one year post-law for 2008 data, and three years post-law for 2010 data. The outcome variables were: 1) being bullied (relational, verbal, physical, and cyber) in the last month and 2) extent to which teachers/adults on campus intervened with bullying. Generalized linear mixed models were constructed with random effects. The odds of being bullied increased from pre-law to one year post-law periods, and then decreased from one year to three years post-law but not below 2005 pre-law levels. This pattern was consistent across all bullying types except cyberbullying. The odds of teacher intervention decreased 11 % (OR = 0.89, 95 % CL = 0.88, 0.90) from 2005 (pre-law) to 2010 (post-law). Bullying increased immediately after Iowa's anti-bullying law was passed, possibly due to improved reporting. Reductions in bullying occurred as the law matured. Teacher response did not improve after the passage of the law.

Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

NARCIS (Netherlands)

Bartels, R.; Fortin, K.

2016-01-01

This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried

Mandeville on Corruption and Law

OpenAIRE

Simonazzi, Mauro

2015-01-01

This essay makes a distinction between two different meanings of the word «corruption»: moral corruption and legal corruption. The thesis is that in Mandeville's thought vice can be useful, while crime is always damaging. In this perspective, law is fundamental to tell vice from crime. Three points are examined: 1) the relationships between law and human nature, law and ethics, law and society; 2) the analysis of Mandeville's theory of law, in particular its nature and development; 3) the the...

Law Panel in action.

Science.gov (United States)

Odulana, J

In September 1976 the Africa Regional Council (ARC) of IPPF created a Law Panel to 1) advise the ARC on the emphasis of laws and parenthood programs in the region, 2) investigate legal obstacles to family planning and ways of removing them, 3) institute a monitoring service on laws and court decisions affecting planned parenthood, and 4) prepare a list of lawyers and legal reformers by country. The panel has 1) recommended adoption of an IPPF Central Medical Committee and Central Law Panel statement on sterilization, adolescent fertility control, and the use of medical and auxiliary personnel in family planning services with guidelines for Africa; 2) appointed National Legal Correspondents to carry on the monitoring service mentioned above in 18 countries; and 3) discussed solutions to problems in delivering family planning services with family planning associations in Tanzania, Zambia, Mauritius, Madagascar, and Kenya. Laws governing family planning education and services, marriage, divorce, and maternity benefits in these countries are summarized. In 1978 the panel will hold 2 workshops on law and the status of women.

Consumer in insurance law

Directory of Open Access Journals (Sweden)

Čorkalo Milena

2016-01-01

Full Text Available The paper analyses the notion of consumer in the European Union law, and, in particular, the notion of consumer in insurance law. The author highligts the differences between the notion of consumer is in aquis communautaire and in insurance law, discussing whether the consumer can be defined in both field in the same way, concerning that insurance services differ a lot from other kind of services. Having regarded unequal position of contracting parties and information and technical disadvantages of a weaker party, author pleads for broad definition of consumer in insurance law. In Serbian law, the consumer is not defined in consistent way. That applies on Serbian insurance law as well. Therefore, the necessity of precise and broad definition of consumes is underlined, in order to delimit the circle of subject who are in need for protection. The author holds that the issue of determination of the circle of persons entitled to extended protection as consumers is of vital importance for further development of insurance market in Serbia.

Muslim personal law and the meaning of "law" in the South African and Indian constitutions

OpenAIRE

Rautenbach, Christa

1999-01-01

The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 199...

International and European Security Law

Directory of Open Access Journals (Sweden)

Jonathan Herbach

2012-02-01

Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

Contract Law in a Comparative Perspective

Directory of Open Access Journals (Sweden)

- Suharnoko

2012-05-01

Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

International nuclear law

International Nuclear Information System (INIS)

Mello, M.M. de.

1981-01-01

The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt

Law Education Resources.

Science.gov (United States)

Letwin, Alita Zurav

1983-01-01

Course outlines and timelines for a junior high school elective, "Youth and the Law," and a senior high school elective, "Criminal and Civil Law," are provided. A sample brochure about a supplementary television series for the junior high course is also included. (SR)

Experimental Verification of Boyle's Law and the Ideal Gas Law

Science.gov (United States)

Ivanov, Dragia Trifonov

2007-01-01

Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

National Courts and EU Law

DEFF Research Database (Denmark)

approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

The maturity of Nuclear Law

International Nuclear Information System (INIS)

Martinez Favini, J.A.

1985-01-01

The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es

Islamic Law

OpenAIRE

Doranda Maracineanu

2009-01-01

The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

Law & psychiatry: Gun laws and mental illness: how sensible are the current restrictions?

Science.gov (United States)

Appelbaum, Paul S; Swanson, Jeffrey W

2010-07-01

This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.

Lawful Permanent Residents - Annual Report

Data.gov (United States)

Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

Space, time and conservation laws

International Nuclear Information System (INIS)

Aronov, R.A.; Ugarov, V.A.

1978-01-01

The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

Rules on the conflict of laws in the matter of succession in Romanian private international law

Directory of Open Access Journals (Sweden)

Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

The law of the international civil service institutional law and practice in international organisations

CERN Document Server

Ullrich, Gerhard

2018-01-01

Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

Model(ing) Law

DEFF Research Database (Denmark)

Carlson, Kerstin

The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...

Contract Law in a Comparative Perspective

OpenAIRE

Suharnoko, -

2012-01-01

The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

38 CFR 21.4274 - Law courses.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b) Nonaccredited...

Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

NARCIS (Netherlands)

Fortin, K.M.A.; Bartels, Rogier

2016-01-01

This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

Understanding scaling laws

International Nuclear Information System (INIS)

Lysenko, W.P.

1986-01-01

Accelerator scaling laws how they can be generated, and how they are used are discussed. A scaling law is a relation between machine parameters and beam parameters. An alternative point of view is that a scaling law is an imposed relation between the equations of motion and the initial conditions. The relation between the parameters is obtained by requiring the beam to be matched. (A beam is said to be matched if the phase-space distribution function is a function of single-particle invariants of the motion.) Because of this restriction, the number of independent parameters describing the system is reduced. Using simple models for bunched- and unbunched-beam situations. Scaling laws are shown to determine the general behavior of beams in accelerators. Such knowledge is useful in design studies for new machines such as high-brightness linacs. The simple model presented shows much of the same behavior as a more detailed RFQ model

International law, constitutional law, and public support for torture

Directory of Open Access Journals (Sweden)

Adam S Chilton

2016-03-01

Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

Obligations to power supply and Antitrust Law of the European Community; Strombezugsverpflichtungen und EG-Kartellverbot

Energy Technology Data Exchange (ETDEWEB)

Lerch, Dirk

2008-07-01

In the European electricity supply industry, a change to competition-oriented national markets under development of a common European electricity market is observed for some years. Under this aspect, the author of the contribution under consideration reports on obligations to the current power supply and on the trust prohibition in the European Community. The contribution under consideration consists of the following three chapters: (a) Discussion of fundamental questions regarding to cartel legal evaluation of obligations to power supply; (b) Conditions of the art. 81 sect. 1 EEC and application to obligations for power supply; (c) Exemption from the obligation to power supply according to art. 1 sect. 3 EEC. In particular, the regulation of the group exemption for vertical agreements of 22nd December, 1999, is considered.

77 FR 37385 - Export Trade Certificate of Review

Science.gov (United States)

2012-06-21

... fund direct market development or market competitiveness improvement projects to benefit the Sector... antitrust actions and from private, treble damage antitrust actions for the export conduct specified in the... administration of COLOM-PEQ and fund market access maintenance, market promotion and market competitiveness...

Private law

DEFF Research Database (Denmark)

working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

Oromia Law Journal

African Journals Online (AJOL)

The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...

Law, Democracy & Development

African Journals Online (AJOL)

The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...

Group Litigation in European Competition Law: A Law and Economics perspective

NARCIS (Netherlands)

S.E. Keske (Sonja)

2009-01-01

textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

Center-vortex baryonic area law

International Nuclear Information System (INIS)

Cornwall, John M.

2004-01-01

We correct an unfortunate error in an earlier work of the author, and show that in the center-vortex picture of QCD [gauge group SU(3)] the asymptotic quenched baryonic area law is the so-called Y law, described by a minimal area with three surfaces spanning the three quark world lines and meeting at a central Steiner line joining the two common meeting points of the world lines. (The earlier claim was that this area law was a so-called Δ law, involving three extremal areas spanning the three pairs of quark world lines.) By asymptotic we mean the Y law holds at asymptotically large quark separations from each other; at separations of the order of the gauge-theory scale length, there may be Δ-like contributions. We give a preliminary discussion of the extension of these results to SU(N),N>3. These results are based on the (correct) baryonic Stokes' theorem given in the earlier work claiming a Δ law. The Y-form area law for SU(3) is in agreement with the most recent lattice calculations

International Satellite Law

Science.gov (United States)

von der Dunk, Frans

2017-07-01

International space law is generally considered to be a branch of public international law. In that sense, it constitutes a "subset of rules, rights and obligations of states within the latter specifically related to outer space and activities in or with respect to that realm." Dealing with an inherently international realm, much of it had been developed in the context of the United Nations, where the key treaties are even adhered to by all major space-faring countries. In addition, other sources—including not only customary international law but also such disputed concepts as "soft law" and political guidelines and recommendations—also contributed to the development of a general framework legal regime for all of mankind's endeavors in or with respect to outer space. Originally, this predominantly included scientific and military/security-related activities, but with the ongoing development of technology and a more practical orientation, it increasingly came to encompass many more civilian and, ultimately, even commercial activities, largely through downstream applications originating from or depending on space technology and space activities. Important here are the overarching, usually more theoretical aspects of international space law, which include how it was developed or continues to be developed, what special roles do "soft law" or the military aspects of space activities play in this regard, and how do national space laws (also) serve as a tool for interpretation of international space law. Also important is the special category of launches and other space operations in the sense of moving space objects safely into, through and—if applicable—back from outer space. Without such operations, space activities would be impossible, yet they bring with them special concerns; for instance, in terms of liability, the creation of space debris and even the legal status and possible commercialization of natural resources produced from celestial bodies. Finally

Doctors, apologies, and the law: an analysis and critique of apology laws.

Science.gov (United States)

Wei, Marlynn

2007-01-01

This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.

25 CFR 12.33 - Are Indian country law enforcement officers paid less than other law enforcement officers?

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Are Indian country law enforcement officers paid less than other law enforcement officers? 12.33 Section 12.33 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Qualifications and Training Requirements § 12.33 Are Indian country law enforcement...

Problems and perspectives in energy law and environmental law. Documentation; Probleme und Perspektiven im Energieumweltrecht. Dokumentation

Energy Technology Data Exchange (ETDEWEB)

Cremer, Wolfram; Pielow, Johann-Christian (eds.)

2009-07-01

This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)

The Unification of Private International Law

Directory of Open Access Journals (Sweden)

Emira Kazazi

2015-07-01

Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

International Space Law

Directory of Open Access Journals (Sweden)

M. Lits

2017-01-01

Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

Law and Literature: a theoretical perspective

Directory of Open Access Journals (Sweden)

Lorenzo Zolezzi Ibárcena

2013-12-01

Full Text Available While most of the Law and Literature books and articles stress from the beginning the distinction between Law in Literature and Law as Literature, my approach is from the standpoint of Law teaching. A course on Law and Literature will help the students not only to write better, but it may convey the students facts that surround the work of the formal legal systemas the human condition or the legal culture, as well as a legal perspective thatis, so to speak, engraved in the human mind. The so-called didactic school is treated and criticized. The distinction between Law in Literature and Law as Literature cuts across the whole work.

Scientific 'Laws', 'Hypotheses' and 'Theories'

Indian Academy of Sciences (India)

verified, the hypothesis changes from the status of a 'mere' hypothesis, and ... a pre-existing law and the body of facts upon which that law is based. Hypotheses .... implicit belief that order objectively exists in nature, and that scientific laws ...

77 FR 10560 - United States v. International Paper Company et al.; Proposed Final Judgment and Competitive...

Science.gov (United States)

2012-02-22

..., Antitrust Division, Antitrust Documents Group, 450 Fifth Street NW., Suite 1010, Washington, DC 20530... Packaging Group, which produces containerboard and corrugated products, accounting for $8.4 billion. 10... linerboards in a wavy, fluted pattern. Linerboard is made from virgin wood fiber, recycled fiber (usually...

Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

Science.gov (United States)

Buschauer, Robert

2013-12-01

The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

Mining law and energy law in the context of today's most urgent problems

International Nuclear Information System (INIS)

Hueffer, U.; Ipsen, K.; Tettinger, P.J.

1989-01-01

Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de

Networks and informal contract law

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

2017-01-01

It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

European Dimension of Legal Education. A comparative study of the Romanian Law Curricula and EU Law Syllabus

Directory of Open Access Journals (Sweden)

Brinduşa Camelia Gorea

2012-05-01

Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.

The second laws of quantum thermodynamics.

Science.gov (United States)

Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

2015-03-17

The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

Law-Abiding Games

Institute of Scientific and Technical Information of China (English)

无

2006-01-01

Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

to health care services dovetails with the international law approach to assessing compliance with the ..... with extended opening hours) are well distributed across the city.40 Availability of .... often constitutes a de facto denial of access to care.

The protection of the accused in international criminal law according to the Human Rights Law Standard

Directory of Open Access Journals (Sweden)

Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

Research Handbook on International Environmental Law

NARCIS (Netherlands)

Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

2010-01-01

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

Chronicle 1998, Administrative law/Droit administratif

NARCIS (Netherlands)

Bok, A.J.

1999-01-01

In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the

Space Law and China

Science.gov (United States)

Tronchetti, Fabio

2017-08-01

Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if

Politics, economics, and the law: Impact on and responses by radiology

International Nuclear Information System (INIS)

Hillman, B.J.; James, A.E. Jr.

1987-01-01

Recent changes in government regulation and third-party reimbursement, and the rapid development of alternative health care delivery systems, are having large impact on the practice of radiology. In the first half of this course we examine the origins of these changes and evaluate the current and future strategies of the major instigators. Initiatives intended to reduce health care costs will be discussed in the context of their effect on radiologists' access to patients and equipment. Topics will include the regulation of expensive imaging technology and such alternative physician payment mechanisms as MD-DRGs, RAPs, relative value scales, and capitation. Government and third-party payors' efforts to instill market mechanisms to reduce physician costs will also be discussed. The second part of the program will focus on potential responses of radiologists to the changing milieu. Using a case method approach, the authors discuss the benefits and dangers associated with such possibilities as exclusive contracts and entrapreneurial ventures, and how such considerations as liability, fiscal, responsibility for technology, and antitrust legislation impinge on radiologists' decisions

Integrating International Business Law Concepts into a High School Business Law Course.

Science.gov (United States)

Golden, Cathleen J.; McDonald, Michael L.

1998-01-01

Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

UNIDROITED POSITION AS A SOURCE OF CONTRACT LAW IN THE FUTURE OF INDONESIAN CONTRACT LAW AMANDEMENT

Directory of Open Access Journals (Sweden)

N. Ike Kusmiati

2018-01-01

Full Text Available [Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems  the parties will seek legal sources, namely book III of the Civil Code in addition to studying and understanding the principles of internasional commercial contract law, namely UNIDROIT which contains principles that can be adopted as one of the works that seek Standarization of contract law to encourage the harmonization of commercial law international efforts to bring together different business actors between countries, so that the same legal basis is required in the coming renewal of Indonesia contract law. Keyword : Position, UNIDROIT, Law, Contract, Indonesia.

5 CFR 2421.9 - Administrative Law Judge.

Science.gov (United States)

2010-01-01

... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...

Law and Investment in Africa

OpenAIRE

Simplice A., Asongu

2011-01-01

Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

Discovering Trigonometric Relationships Implied by the Law of Sines and the Law of Cosines

Science.gov (United States)

Skurnick, Ronald; Javadi, Mohammad

2006-01-01

The Law of Sines and The Law of Cosines are of paramount importance in the field of trigonometry because these two theorems establish relationships satisfied by the three sides and the three angles of any triangle. In this article, the authors use these two laws to discover a host of other trigonometric relationships that exist within any…

Labor Laws and Innovation

OpenAIRE

Viral V. Acharya; Ramin P. Baghai; Krishnamurthy V. Subramanian

2013-01-01

Can stringent labor laws be efficient? Possibly, if they provide firms with a commitment device to not punish short-run failures and thereby incentivize the pursuit of value-maximizing innovative activities. In this paper, we provide empirical evidence that strong labor laws indeed appear to have an ex ante positive incentive effect by encouraging the innovative pursuits of firms and their employees. Using patents and citations as proxies for innovation and a time-varying index of labor laws,...

"Bush Law 101": Realising Place Conscious Pedagogy in the Law Curriculum

Science.gov (United States)

Kennedy, Amanda; Mundy, Trish; Nielsen, Jennifer M.

2016-01-01

In 2012, a team of academics from six universities worked on an OLT-funded project, "Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia." The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional…

Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

OpenAIRE

Gordeeva, Yelena M.

2016-01-01

An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

Mathematical Model Based on Newton’s Laws and in First Thermodynamic Law of a Gas Turbine

Directory of Open Access Journals (Sweden)

Ottmar Rafael Uriza Gosebruch

2017-09-01

Full Text Available The present article explains the modeling of a Gas Turbine system; the mathematical modeling is based on fluid mechanics applying the principal energy laws such as Euler’s Law, Newton’s second Law and the first thermodynamic law to obtain the equations for mass, momentum and energy conservation; expressed as the continuity equation, the Navier-Stokes equation and the energy conservation using Fourier’s Law. The purpose of this article is to establish a precise mathematical model to be applied in control applications, for future works, within industry applications.

77 FR 46185 - United States v. United Technologies Corporation and Goodrich Corporation; Proposed Final...

Science.gov (United States)

2012-08-02

...''), but smaller aircraft can use either AC or direct current (``DC''). AC generators can produce variable... Justice, Antitrust Division, Antitrust Documents Group, 450 Fifth Street NW., Suite 1010, Washington, DC... Street NW., Suite 8700, Washington, DC 20530 (telephone: (202) 307-0924). Patricia A. Brink, Director of...

Anatomy of a Cancer Treatment Scam

Medline Plus

Full Text Available ... Copy of My Credit Report File a Comment Open for Comment Report An Antitrust Violation File Documents in Adjudicative Proceedings ... Copy of My Credit Report File a Comment Report An Antitrust Violation File Documents in Adjudicative ... Government Federal Trade Commission Headquarters: 600 Pennsylvania Avenue, ...

Globalization, Inequality & International Economic Law

Directory of Open Access Journals (Sweden)

Frank J. Garcia

2017-04-01

Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

Author: MC Roos IS LAW SCIENCE?

African Journals Online (AJOL)

10332324

2014-02-05

Feb 5, 2014 ... regulate human interaction, order society, create certainty and are applied, .... law students, practitioners, academics and law-makers will be measured against the ... education, and distinguished between law as a science and law as ..... a question or a problem – in short, by something theoretical".60.

Introductory Guide to European Corporate Law

DEFF Research Database (Denmark)

Fomcenco, Alex

Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

Contract theory and EU Contract Law

OpenAIRE

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

Directory of Open Access Journals (Sweden)

Abd Asis

2015-07-01

Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

Laws on technical safety. Vol. 1

International Nuclear Information System (INIS)

Eberstein, H.H.; Strecker, A.

1981-01-01

Loose-leaf collection containing the full text of 1) Law on the safety of technical equipment and materials, with administrative regulations and ordinances; 2) Section 24 of the Trading and Industrial Code, and ordinance on the use of compressed air; 3) Ordinance on the handling of hazardous materials; 4) Working Site Ordinance; 5) Law concerning works doctors, safety engineers and other personnel responsible for occupational safety; 6) Law for the protection of minors in working conditions; 7) Atomic Energy Law; 8) Radiation Protection Ordinance; 9) X-ray Ordinance; 10) Law on hazardous chemical substances; 11) Law on the carriage of dangerous goods. (HP) [de

Changing the Order of Newton's Laws--Why & How the Third Law Should Be First

Science.gov (United States)

Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.

2012-01-01

Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…

FALSE DISTANCES AND REAL DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW

Directory of Open Access Journals (Sweden)

Túlio de Medeiros Jales

2017-05-01

Full Text Available The paper argues that it is wrong to use supposed ontological distinctions between common law and civil law to explain both the difference of normative hierarchy between laws and precedents and a methodological asymmetry in the application of these two normative types. Drawing the transformations that the reception of the post positivistperspective throws at the theme of juridical traditions, it assumes the hypothesis that the difference between the two legal families is fruit of the reception of contestable theses of the legal positivism. The confirmation of the hypothesis indicates the need to seek alternatives to explain differences between legal orders that are not based on the categories of legal traditions.

14 CFR 155.3 - Applicable law.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the...

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011)

OpenAIRE

Expósito Vélez, Juan Carlos

2011-01-01

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011) require a deep analysis, because it brings a new perception of old models of the Administrative Colombian Law: nullity, nullity and reestablishment of rights and the controversies relative to public contracts. El Nuevo Código de Procedimiento Administrativo y de lo Contencioso Administrativo (Ley 1.437 de 2.011) requiere de un análisis profundo, debido al nuevo alcance que trae a figuras tradicionales del ...

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

2007-07-01

The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

A note on the laws of thermodynamics

International Nuclear Information System (INIS)

Dunning-Davies, J.

1984-01-01

It is shown that, while links exist between the second and third laws, between the zeroth and proposed fourther laws and between the zeroth and second laws, no equivalences have been proved. Moreover, for positive absolute temperatures, the second law is seen to imply the zeroth law, provided the validity of the first law is assumed. However, since this result does not hold for negative absolute temperatures, no redundancy among the laws of thermodynamics can be claimed to have been established

Closing responsibilities: decommissioning and the law

International Nuclear Information System (INIS)

Macrory, R.

1990-01-01

Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)

Investigating a New Way To Teach Law: A Computer-based Commercial Law Course.

Science.gov (United States)

Lloyd, Robert M.

2000-01-01

Describes the successful use of an interactive, computer-based format supplemented by online chats to provide a two-credit-hour commercial law course at the University of Tennessee College of Law. (EV)

Health Law as Social Justice.

Science.gov (United States)

Wiley, Lindsay F

2014-01-01

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

Derivation of the Ideal Gas Law

Science.gov (United States)

Laugier, Alexander; Garai, Jozsef

2007-01-01

Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

22 CFR 231.16 - Governing law.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of...

The ethics of international animal law

OpenAIRE

Kivinen, Tero

2014-01-01

This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

Demonstrations of the Action and Reaction Law and the Energy Conservation Law Using Fine Spherical Plastic Beads

Science.gov (United States)

Khumaeni, A.; Tanaka, S.; Kobayashi, A.; Lee, Y. I.; Kurniawan, K. H.; Ishii, K.; Kagawa, K.

2008-01-01

Equipment for demonstrating Newton's third law and the energy conservation law in mechanics have successfully been constructed utilizing fine spherical plastic beads in place of metal ball bearings. To demonstrate Newton's third law, special magnetized Petri dishes were employed as objects, while to examine the energy conservation law, a…

TRANSNATIONAL AND COMPARATIVE ADMINISTRATIVE LAW: PAPERS FROM THE SIXTH ADMINISTRATIVE LAW DISCUSSION FORUM, QUÉBEC CITY

Directory of Open Access Journals (Sweden)

Russell Weaver

2010-10-01

Full Text Available On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

2016-06-02

Jun 2, 2016 ... section 20(1)(a) of the Electoral Commission Act 51 of 1996 after counsel ... in the 2016 national municipal elections scheduled for 3 August 2016, .... of South African law 9 ed (Cape Town: Juta and Company Ltd 2007) 93.

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

Hayek, law philosopher

Directory of Open Access Journals (Sweden)

Aeon Skoble J.

2012-01-01

Full Text Available In this paper we analyze the relationship between Hayek's theory of the state and law and the constitutionalist tradition of the eighteenth and nineteenth centuries, with a focus on Hayek's evolutionists interpretation of the origin of social institutions. I will suggest the specificity of the evolutionist approach in the context of the concept of separation of powers, and especially the functional role of the legal system, and specific emphasis on the role of the judges in the development of law. A key aspect that characterizes Hayek's approach to the theory of law is a strong emphasis on the verge of rationality and, consequently, increased the importance of customary and traditional norms in preserving the rationality of the legal system.

Inheritance Law between Common and Civil Law - As exemplified by life-long support contracts

Directory of Open Access Journals (Sweden)

Jadranka Đorđević-Crnobrnja

2016-02-01

Full Text Available The dualism between common law and civil law in Serbia has been examined in theoretical and factographical ethnological and legal literature, yet this problem in the sphere of inheritance law has been considered mostly within the context of inequality between the sexes in matters of inheritance. As a result, the question of the connection between life-long support contracts and inheritance remains unexplored, despite the fact that through the analysis of inheritance practices based on this kind of contract the influence of socio-cultural mechanisms on the institution of inheritance can be clearly observed. These insights, together with the fact that a dualism and parallelism of civil and common have existed in Serbia for more than a century, have inspired an analysis of life-long support contracts in order to problematize the relation between common law and civil law in practice.